On 1 October 2019, 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) came into force. This is a
significant development because interim measures are now available
in the PRC for arbitrations seated in Hong Kong.
This development will affect how you draft your dispute
resolution clause for contracts between a foreign party and a PRC
party. We discuss the implications of the Arrangement to your
business and offer you tips on how your business can benefit from
the Arrangement.
The Arrangement and its implications
Under the Arrangement, parties to arbitrations that fulfill the
following two criteria will be able to apply to the PRC courts for
interim measures in aid of their arbitrations:
