The Hong Kong-Mainland Interim Measures Arrangement in Practice

June 26, 2023 | BY

Susan Mok

The Hong Kong/mainland China interim measures arrangement has been in force for over three years, and parties are beginning to realize its significance. Jue Li and Joel Evans of DaHui Lawyers examine the practical procedural requirements of the arrangement and its context within the PRC legal mechanism

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Summary

  • The reciprocal Hong Kong-mainland China interim measures arrangement allows parties in certain arbitral proceedings to apply directly to each other's respective courts to seek interim measures before a final award is made.
  • The arrangement is a valuable tool for parties seeking to secure their rights in China.
  • Perhaps unsurprisingly, the arrangement has already been used to secure assets worth hundreds of millions of dollars.
  • Upcoming amendments to the PRC Arbitration Law will further strengthen parties' hands, thereby increasing the enforceability of interim measures in China.