ICC and HKIAC publish guidance on applications to Mainland courts for interim relief in support of Hong Kong arbitrations

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 “Arrangement”), which came into force on 1 October 2019, allows parties to arbitral proceedings seated in Hong Kong to apply, at any time before an arbitral award is made, to Mainland courts for interim measures including property preservation, evidence preservation and conduct preservation (see our previously published briefing). The Arrangement applies to arbitrations administered by, among others, the International Court of Arbitration of the International Chamber of Commerce – Asia Office in Hong Kong and the Hong Kong International Arbitration Centre (the “HKIAC”). 

The International Chamber of Commerce (“ICC”) and the HKIAC each published guidance on 1 December 2019 and 16 December 2019 respectively to parties to arbitral proceedings seated in Hong Kong and administered by the ICC or the HKIAC and who wish to apply to Mainland courts for interim relief. Both institutions adopt largely similar procedures for the submission of applications under the Arrangement and, notably, distinguish between applications made before the commencement of arbitration and those made thereafter. Details of the application procedures are discussed in this alert.
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