This article covers the release of the Arrangement Concerning Mutual Assistance in Court-ordered Interim Measures in Aid of Arbitral Proceedings by the Courts of the Mainland and of the Hong Kong Special Administrative Region. The Arrangement is a significant development because it has made Hong Kong a “uniquely attractive seat” for parties conducting business with entities in mainland China, irrespective of where they are from.
The Arrangement outlines its scope with very specific requirements. The majority of the submissions for applications have been found to be made by jurisdictions outside mainland China. The conclusions find that that the large number of successful applications is a compelling reason for parties to select Hong Kong as the seat of arbitration where they are doing business with parties based in China.
Authors: Paul Starr, Partner and Practice Leader, and Gao Feng, Partner, King & Wood Mallesons