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 (the Arrangement), which was signed on 2 April 2019, came into effect in Mainland China and HKSAR on 1 October 2019.
The Supreme People’s Court of the People’s Republic of China (the SPA) has recently published a guidance note, clarifying eventual issues about the interpretation and application of the Arrangement (the Clarification).
Under such Arrangement, a party to “arbitral proceedings in Hong Kong” may apply for interim measures at the relevant PRC Courts in accordance with the relevant Mainland China laws and regulations, a possibility which previously was only available for arbitrations seated in PRC. The Arrangement also applies to ongoing arbitral proceedings commenced before 1 October 2019, and obviously to every proceeding commenced after this date.
For a full review of the above-mentioned legislation, you can refer to our previous article “Interim Measures by Mainland China Courts Applicable to Hong Kong-seated Arbitrations” originally published on 10 April 2019.