HKIAC’s Users Gain Additional Route to Mainland Interim Relief and Enforcement
ISSUING INSTITUTION:
Hong Kong International Arbitration Centre (“HKIAC”)
DATE OF ISSUANCE:
July 5, 2022
Pursuant to the decision made on 22 June 2022 by the Supreme People’s Court of the People’s Republic of China (“SPC”), HKIAC is the first arbitral institution outside the Mainland to be included in the “One-Stop” Platform for Diversified International Commercial Dispute Resolution (“One-Stop Platform”) of the China International Commercial Court (“CICC”).
This means that parties to cases administered by HKIAC with an amount in dispute over RMB 300 million or with a significant impact, may apply for interim relief and/or the enforcement of arbitral awards directly to the CICC. In appropriate cases, this is a more effective alternative to the current arrangements between the Mainland and the Hong Kong SAR for interim relief and enforcement of arbitral awards.
Parties to arbitral proceedings seated in Hong Kong and administered by HKIAC can already apply to the competent Intermediate People’s Court (“IPC”) on the Mainland for interim relief in the form of preservation of evidence, assets, and conduct. In terms of enforcement, currently parties seeking to enforce a foreign award (including a Hong Kong-seated award) on the mainland should apply to the competent IPC. Before refusing enforcement, an IPC should report the case to the SPC and obtain the SPC’s endorsement of any decision not to enforce the award.
Reference:
HKIAC’s Users Gain Additional Route to Mainland Interim Relief and Enforcement
