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On 1 October 2019, the landmark arrangement between the Hong Kong Government and China’s Supreme People’s Court on interim measures in aid of arbitrations (“Arrangement”) will enter into operation.[1] The Arrangement allows parties to Hong Kong seated arbitrations administered by HKIAC, CIETAC (Hong Kong), ICC (Asia Office) or certain other eligible arbitral bodies to obtain an interim measure from the Chinese Courts that will be enforceable in Mainland China. The Arrangement has significant implications for…

Following its earlier announcements, the Supreme People’s Court of China (SPC) has formally launched two branches in Shenzhen and Xi’an on 29 June 2018, namely the First and Second International Commercial Courts of China (CICC). On the same day, it also issued the “Provisions on Several Issues regarding the Establishment of International Commercial Courts” (the “Provisions”), providing for the scope and operation of the CICC. The CICC is a significant development in China’s judicial system…

The Hong Kong courts can issue interim orders in aid of foreign (including the PRC) seated arbitrations, which can be useful in preserving assets and evidence held in Hong Kong (usually by the respondent company). Such interim measures are helpful because many companies (including PRC companies) often do have assets in Hong Kong. These interim orders can cover relief which may not otherwise be available from the arbitral tribunal or the courts in the foreign…

Recent developments The Law Reform Commission of Hong Kong (“LRC”) published a report on 12 October 2016 (“Report”) in which it recommends amendments to the Arbitration Ordinance (Cap. 609) (“AO”) to expressly permit third party funding (“TPF”) for arbitrations and other proceedings under the AO, provided that appropriate financial and ethical safeguards are put in place. The Report sets out the LRC’s final recommendations on TPF and related matters, including draft provisions to amend the AO.…