Mainland Judgments in Civil and Commercial Matters (Reciprocal Enforcement) Bill Gazetted and Introduced into the Legislative Council of Hong Kong SAR
ISSUING AUTHORITY:
Government of Hong Kong SAR
DATE OF GAZETTAL:
April 22, 2022
On April 22, 2022, the Mainland Judgments in Civil and Commercial Matters (Reciprocal Enforcement) Bill (“Bill”) was gazetted. By this Bill, the Hong Kong SAR Government seeks to implement the Arrangement on Reciprocal Recognition and Enforcement of Judgments in Civil and Commercial Matters by the Courts of the Mainland and of the HKSAR (“REJ Arrangement”), which was signed between the Supreme People’s Court and the Hong Kong SAR Government on January 18, 2019.
The Bill establishes the following mechanisms:
●A mechanism for registration in Hong Kong of Mainland judgments in civil or commercial matters; and
● A mechanism for application to Hong Kong courts for certified copies of and certificates for Hong Kong judgments in civil or commercial matters to facilitate parties in seeking recognition and enforcement of the said Hong Kong judgments in the Mainland.
One special feature of the REJ Arrangement is that it goes beyond the Hague Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters by not only covering judgments on general contractual and tortious disputes, but also expressly including judgments on specific types of disputes over intellectual property rights.
Upon implementation of the REJ Arrangement, Hong Kong SAR will become the first jurisdiction to have an arrangement with the Mainland on recognition and enforcement of judgments in civil and commercial matters with such a wide coverage, reflecting the unique advantages of “one country, two systems”. The REJ Arrangement will also complement Hong Kong's position as the leading centre for international legal and dispute resolution services in the Asia-Pacific region and help develop Hong Kong into a regional intellectual property trading centre.
The Bill was introduced into the Legislative Council of Hong Kong SAR on May 4, 2022.
Reference:
Mainland Judgments in Civil and Commercial Matters (Reciprocal Enforcement) Bill
Temporary Protection Measures for Business Tenants (COVID-19 Pandemic) Ordinance Gazetted and Came into Force
ISSUING AUTHORITY:
Government of Hong Kong SAR
DATE OF GAZETTAL:
May 1, 2022
On May 1, 2022, the Temporary Protection Measures for Business Tenants (COVID-19 Pandemic) Ordinance (“Ordinance”) came into force upon its gazettal.
Under the Ordinance, where business tenants concerned have defaulted in rent payment between January 1, 2022 and July 31, 2022, the landlords will be barred from taking certain rental enforcement actions during the protection period. Such rental enforcement actions include terminating the tenancy, suspending the provision of utility services, deducting rent from the deposit held by the landlord, exercising a right of re-entry or forfeiture, bringing an action in court or presenting a bankruptcy or winding-up petition against the tenant concerned, etc.
The Ordinance provides a 3-month buffer period for business tenants within which they are afforded with some “breathing space” so that they would not be forced out of business as a result of legal or other actions taken by their landlords for their inability to settle rent payment immediately. The Ordinance also provides both parties with the room and opportunity to negotiate or restructure rental arrangements.
Reference:
Temporary Protection Measures for Business Tenants (COVID-19 Pandemic) Ordinance (Cap. 644)
South China International Arbitration Center (Hong Kong) Arbitration Rules Came into Effect
ISSUING AUTHORITY:
South China International Arbitration Center (Hong Kong)
EFFECTIVE DATE:
May 1, 2022
Affiliated to the Shenzhen Court of International Arbitration (also known as South China International Economic and Trade Arbitration Commission, or Shenzhen Arbitration Commission), the South China International Arbitration Center (Hong Kong) (“SCIAHK”) has been newly operating as an arbitral institution established in the Hong Kong SAR. On May 1, 2022, the Board of SCIAHK approved the South China International Arbitration Center (Hong Kong) Arbitration Rules (“SCIAHK Arbitration Rules”), which came into effect on the same day.
The SCIAHK Arbitration Rules are based upon the UNCITRAL Arbitration Rules (2013 edition) and take into account the UNCITRAL Recommendations to assist arbitral institutions and other interested bodies with regard to arbitration under the UNCITRAL Arbitration Rules (as revised in 2010) (2013 edition) as well as the recent developments in modern international arbitral rules. The SCIAHK Arbitration Rules seek to faithfully follow the text of the UNCITRAL Arbitration Rules and introduce changes where appropriate in view of the requirements of an institutional setting.
By adopting most of the articles of the UNCITRAL Arbitration Rules, the SCIAHK Arbitration Rules preserve many notable features of its prototype, for example:
●Consolidation, parallel proceedings and single arbitration under multiple contracts (Article 17);
● Expedited procedure (Article 23A);
● Summary dismissal of claims and defences (Article 23B); and
● Emergency arbitration (Article 26(10)).
The SCIAHK Arbitration Rules have reflected the best practices in international arbitration and are welcomed by users and practitioners in the arbitration community.
Reference:
South China International Arbitration Center (Hong Kong) Arbitration Rules
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