The number of international arbitration cases (seated in or outside Hong Kong) has grown exponentially over the past several decades. Similar to litigation, the availability of interim relief in arbitration is necessary. With regard to seeking interim measures from the Mainland Chinese courts however, they are only available for arbitrations seated in Mainland China. Even parties to a Hong Kong-seated arbitration have no such privilege regardless of whether a party makes an application for interim measures directly to the Mainland Chinese courts or is seeking to enforce an order for interim measures obtained from the arbitral tribunal. Accordingly, the Arbitration Feature examines an Arrangement that was signed between the HKSAR Government and the Supreme People’s Court of the People’s Republic of China in April 2019 which not only changes the situation for Hong Kong-seated arbitrations but also further strengthens Hong Kong’s position as a seat of arbitration.
Regarding Hong Kong’s position, particularly in the context of the rule of law, the Executive Director of the World Justice Project in the August 2019 issue of the Hong Kong Lawyer Journal stated that “the rule of law in Hong Kong is relatively strong, ranking 16th out of 126 countries and jurisdictions studied globally, 16th among high-income jurisdictions, and 5th in the East Asia and Pacific region” in their 2019 edition of the Rule of Law index. More of Hong Kong’s achievements in terms of global ranking and the rationale behind them are described in the President’s Message. From the Secretariat discusses some of the major international events that are in store for the legal profession in Hong Kong.
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