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ARTICLE · 17 OCTOBER 2024

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Pro-Enforcement Approach - Mainland China Highlights Typical Cases On Enforcing Hong Kong Arbitral Awards

Mayer Brown
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Mainland China's Supreme People's Court (SPC) recently released a series of typical cases showcasing a favourable trend in enforcing Hong Kong arbitral awards.

ChinaLitigation, Mediation & Arbitration
Billy Lam
Billy Lam
Tom Fu
Tom Fu
Raymond C. L. Yang
Raymond C. L. Yang
Johnson C. Y. Ng
Johnson C. Y. Ng
Evan J. S. Zhou
Evan J. S. Zhou
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Mainland China's Supreme People's Court (SPC) recently released a series of typical cases showcasing a favourable trend in enforcing Hong Kong arbitral awards.

In these cases, Mainland courts clearly adopted a pro-enforcement approach by correctly applying the Arrangement Concerning Mutual Enforcement of Arbitral Awards between the Mainland and the Hong Kong SAR and its Supplemental Agreement (Arrangements), as well as the relevant Hong Kong law, particularly the Hong Kong Arbitration Ordinance (Cap. 609) (HKAO).

Key takeaways from these cases align with various well-established principles under Hong Kong law:-

  1. Mainland courts are willing to enforce arbitral awards even when the underlying arbitration clauses are incorporated by reference, unsigned or contain inaccuracies, provided the parties' intention to arbitrate in Hong Kong is clear.

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