Jurisdiction(s):
United Kingdom

Key definition

to stay definition

What does to stay mean? To stay means to pause or suspend court or enforcement proceedings, in whole or in part, so that no further steps may be taken except as permitted by the court rules (for example, under the Civil Procedure Rules) or by the terms of the order. Proceedings resume only if the stay is lifted or expires. The term is a descriptive procedural expression used across contexts and shaped by court rules and case law rather than a single statutory definition. Typical uses include a stay of proceedings pending settlement (often by Tomlin order/consent order), pending appeal, a stay in favour of...

Hong Kong: court powers to stay proceedings and grant interim measures in support of arbitration; application procedures, Mainland China arrangement, and emergency arbitrator enforcement

Published by a LexisNexis Arbitration expert

Practice notes

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ARCHIVED: This Practice Note is archived and is not maintained.

Under the Arbitration Ordinance, Chapter 609 (AO), the Hong Kong court may grant a range of interim measures in aid of arbitration proceedings. Such measures are principally intended to uphold the arbitral process, avoid frustration of the award, regulate how the parties conduct themselves, and protect assets or evidence. The arbitral tribunal also has corresponding powers to grant interim measures under AO, s 35. Note: the Hong Kong judgments below are not reported by LexisNexis® UK.

Power of the court to stay court proceedings in favour of arbitration

Where a party so requests, the court can stay its proceedings and refer the parties to arbitration if the action is brought in a matter that is subject to an Arbitration agreement, unless that agreement is invalid, inoperative, or incapable of being performed (AO, s 20). When deciding whether to grant a stay, the court may adopt the four-staged test laid down in Tommy CP Sze v Li & Fung (Trading) [2003] 1 HKC 418, as approved in Polytec Overseas Ltd v Grand DRAGON International Holdings [2017]...

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Valerie Li

DLA Piper

Valerie Li is an Of Counsel in the Litigation and Regulatory team, based in DLA Piper's Hong Kong office. Valerie has extensive experience in international arbitration and commercial litigation. She is the Co-Chair of HK45 for the Hong Kong International Arbitration Centre (HKIAC). In 2018, Valerie is accredited as a Tribunal Secretary at the HKIAC. She regularly handles commercial disputes covering areas including intellectual property and technology, investment funds, joint ventures, licensing and distribution, energy and natural resources, and international trade and sale of goods in arbitrations seated in jurisdictions including Hong Kong, London, Singapore and Mainland China under rules including HKIAC, CIETAC, UNCITRAL, SIAC, ICC, and LMAA Terms. Valerie has represented clients from the Middle East, Americas, United Kingdom, Europe, Mainland China, Hong Kong, and other parts of Asia. Valerie has also acted for clients in...

Bryan Chan

DLA Piper

Bryan is a senior associate at DLA Piper Hong Kong. He has substantial experience in commercial litigation and arbitration. He has advised and acted for banks, funds, joint ventures and companies in various industries including real estate, pharmaceutical, sports, TMT, hotel, property management and shipping.Bryan has a particular focus on handling shareholders disputes, breach of directors’ duties, contractual disputes, insolvency and winding-up, breach of trust, fraud, property management and defamation.Bryan regularly advises and represents clients in proceedings at various levels of the Hong Kong courts, as well as arbitrations in the HKIAC, CIETAC, LCIA and SIAC.Most recently, Bryan has acted for a leading global investment manager in an HKIAC administered arbitration in respect of a shareholders' dispute which concerns a USD200 million investment in a joint venture in Mainland China, and also acted for one of the largest commercial real estate services and...

Janice Li

DLA Piper

I am currently an associate in DLA Piper's litigation and regulatory group. I am a solicitor admitted in the High Court of Hong Kong and an US attorney qualified to practice law in the New York State. My practice focuses on international arbitration and commercial litigation. I have handled disputes covering areas including financial instruments, licensing and distribution, construction, insurance, international trade and sale of goods, shipping, energy and natural resources and general commercial disputes in the High Court of Hong Kong, and arbitrations seated in jurisdictions including Hong Kong, Singapore, London, the US and Mainland China.I have advised clients in all aspects of disputes including asset preservation, injunctions, as well as enforcement of arbitral awards in various jurisdictions....

Web page updated on 21/05/2026

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