Join AmCham Shanghai's Legal Committee on the Latest Developments in Hong Kong Arbitration at HKIAC on Thursday, December 5th from 8:30 - 10:00 AM at the AmCham Shanghai Conference Center.
The Government of the Hong Kong Special Administrative Region ("Hong Kong Government") and the Supreme People's Court of the People's Republic of China ("Supreme People's Court") have signed an 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 ("Arrangement").
Pursuant to the Arrangement, any party to arbitral proceedings seated in Hong Kong and administered by HKIAC or another qualified arbitral institutions may, before the arbitral award is issued, apply to the relevant Mainland Chinese courts for interim measures in relation to the arbitral proceedings in accordance with the relevant laws and regulations of Mainland China. Such interim measures include preservation of assets, evidence and conduct. Equally, any party to arbitral proceedings in Mainland China may apply to the Hong Kong courts for interim measures pursuant to Hong Kong law – a remedy that is already available to parties to foreign-seated arbitral proceedings under Section 45 of the Hong Kong Arbitration Ordinance. Interim measures available under Hong Kong law include injunctions and other interim measures to (i) maintain or restore the status quo pending determination of the dispute; (ii) take actions that would prevent, or refrain from taking actions that are likely to cause, current or imminent harm or prejudice to the arbitral process; (iii) preserve assets; or (iv) preserve evidence that may be relevant and material to the resolution of the dispute.
The Arrangement came into effect on 1 October 2019 and apply to applications for interim measures made to the relevant courts on or after that date. HKIAC has been confirmed by the Hong Kong Government and the Supreme People's Court as a qualified arbitral institution for the purposes of Article 2(1) of the Arrangement. HKIAC has received five applications for interim measures since the Arrangement came into force. All five applications were made in ongoing arbitrations seated in Hong Kong and administered by HKIAC under its Administered Arbitration Rules. In each of these cases, the applicant sought an ex parte order from the relevant Mainland Chinese court to preserve assets on the Mainland. In each case, HKIAC issued a letter to confirm acceptance of the case and to transfer the application to the relevant Mainland court and the applicant then submitted its application together with HKIAC's letter to the relevant court directly pursuant to the Interpretation and Application of the Arrangement dated 26 September 2019.
Out of the five applications, one was granted by the Shanghai Maritime Court on 8 October 2019. In that case, the application was submitted to HKIAC on 1 October 2019 and HKIAC issued its letter on 2 October 2019. The other four applications remain pending.
This seminar will be mainly focus on the practice related to the Arrangement. Matthew Gearing QC (Chairperson of HKIAC), Terence Wong (Partner at Winston & Strawn LLP) and other prominent in-house counsels will be speaking at this session. This seminar will be moderated by Brinton M. Scott, Chair of the Legal Committee.
08:45 Welcome Remarks
08:50 Presentation by Matthew Gearing QC
09:10 Presentation by Terence Wong
09:30 Panel Discussion with Matthew Gearing QC, Terence Wong, Lyn Wu, and Jiangyu Zhu
09:55 Audience Q&A
10:00 Session Ends