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ARTICLE · 27 NOVEMBER 2019

The Hong Kong Advantage In Maritime Arbitration

Mayer Brown
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In this bylined article, partner Bill Amos (Hong Kong) looked at the recent law enabling Chinese court injunctions in aid of Hong Kong arbitrations.

Hong KongTransport
Bill Amos
Bill Amos
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Access to the Mainland Chinese court system gives Hong Kong the edge

In the international world of shipping, when claims arise, they often involve cross-border disputes, and that adds an extra layer of complexity. There is no point bringing proceedings if you cannot make them pay, so one of the main reasons shipping people choose arbitration is the fact that arbitration awards are easier to enforce overseas than judgments of national courts. You can take a Hong Kong final arbitration award to China, or any other country, and enforce it against the debtor's assets. Court judgments obtained via litigation proceedings tend to be more problematic.

But the ease of enforcement of final arbitration awards is only half the story. Before you get to the final award, how do you stop the debtor in the meantime from disposing of its assets to make itself "award-proof"? How do you inspect or preserve property or evidence so as to ensure that your claim in the arbitration

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