Chinese courts in Hong Kong arbitration, the mutual enforcement of arbitral awards between Hong Kong and Mainland China, and outcome-related fee structures for arbitration in Hong Kong. By virtue of the interim measures arrangement between Hong Kong and Mainland China that came into force on 1 October 2019 (‘Interim Measures Arrangement’), Hong Kong has become the first jurisdiction outside of Mainland China in which parties to eligible arbitral proceedings may seek interim relief from Mainland Chinese courts. The Interim Measures Arrangement is a strategically and practically important mechanism that can be used to preserve assets, evidence or conduct of the counterparty in Mainland China. This was previously only possible in respect of arbitration on the Mainland but has now been made available to arbitration in Hong Kong. The Interim Measures Arrangement has generally worked well in practice. At the time of this article, the HKIAC has processed 82 applications made to 26 different Mainland courts and seen 52 orders made in respect of those THOUGHT LEADER 89 Hong Kong has become the first jurisdiction outside of Mainland China in which parties to eligible arbitral proceedings may seek interim relief from Mainland Chinese courts.
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