ICC Note on Arrangement Concerning Mutual Assistance in Court-Ordered Interim Measures in Aid of ICC Arbitrations seated in Hong Kong and Administered by the Secretariat Asia Office
This Note provides guidance on the making of an application for interim relief to the People’s Courts in support of arbitral proceedings seated in Hong Kong and administered under the Rules of Arbitration of the International Chamber of Commerce by the International Court of Arbitration of the International Chamber of Commerce, Asia Office in Hong Kong, a qualified institution under the Arrangement.
On 2 April 2019, the Government of the Hong Kong Special Administrative Region (“HKSAR”) and the Supreme People’s Court of the People’s Republic of China (“SPC”) signed an Arrangement Concerning Mutual Assistance in Court-Ordered Interim Measures in support of Arbitral Proceedings by the Courts of the Mainland (“People’s Courts”) and of the HKSAR, which came into effect on 1 October 2019 (“Arrangement”). The Arrangement is implemented in the Mainland by the SPC Judicial Interpretation (FA SHI (2019) No.14), which was issued on 26 September 2019 and came into effect on 1 October 2019. On 26 September 2019, the SPC also published a commentary on the understanding and application of the SPC Interpretation (“《最高人民法院关于内地与香港特别行政区法院就仲裁程序相互协助保全的安排》的理解与适用”) on pages 3 and 4 of its official newspaper, People’s Court Daily (“SPC Commentary”).
The Arrangement in traditional and simplified Chinese and an unofficial English translation are available on the website of the Hong Kong Department of Justice