In an important development for the best choice of a seat, or
legal place, of arbitration in Asia, the "Arrangement
Concerning Mutual Assistance in Court-ordered Interim Measures in
Aid of Arbitral Proceedings by the Courts of the Mainland and of
the HKSAR" entered into effect on October 1, 2019.
Signed in April this year by the Supreme People's Court of
the People's Republic of China and the Hong Kong SAR
Government, the arrangement is groundbreaking in that it allows
parties in arbitrations seated in Hong Kong to apply to courts in
Mainland China for interim relief.
The arrangement is unique because it makes Hong Kong the only
jurisdiction outside of Mainland China to benefit from such support
by the Chinese courts, significantly enhancing Hong Kong's
position as an attractive seat for international arbitrations with
a Chinese nexus. Previously, courts in Mainland China were not
empowered to grant interim relief in aid of any arbitrations seated
offshore, and
