The Understanding and Application of 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 Supreme People’s Court comments here the Arrangement which specifies the process for mutual juridical assistance between the Mainland and Hong Kong, the scope of the preservation measures that are available for application, the procedure of application, and the processing and examination of the applications .

On 25 March 2019, the Adjudication Committee of the Supreme People’s Court in its 1763th plenary meeting discussed and passed 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 (hereinafter the “Arrangement”). On 2 April 2019, Vice President of the Supreme People’s Court, Mr. Yang Wanming, and the Secretary of Justice of Hong Kong SAR, Ms. Teresa Cheng SC, signed the Arrangement in Hong Kong on behalf of each jurisdiction. Upon mutual consultation, the Arrangement is scheduled to take effect in both jurisdictions on 1 October 2019 at the same time. In mainland China, the Arrangement will be published in the form of a judicial interpretation. This is the seventh mutual judicial assistance arrangement concluded between mainland China and Hong Kong since the handover of Hong Kong to China. This is also the first arrangement that mainland China has signed with another jurisdiction concerning mutual assistance in interim measures in aid of arbitration. This signals the advancement of a closer relationship in mutual judicial assistance between the two jurisdictions under the principle “One country, Two systems”.

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