CHAPTER 17 - Hong Kong - Interim Measures in International Arbitration
Author(s):
Teresa Cheng
Page Count:
40 pages
Media Description:
1 PDF Download
Published:
May, 2014
Jurisdictions:
Practice Areas:
Description:
Originally from: Interim Measures in International Arbitration
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INTRODUCTION
The enactment of the new Arbitration Ordinance of Hong Kong on
1 June 2011 has firmly reinforced Hong Kong’s position as a leading
arbitration centre. The new Arbitration Ordinance is based on, and gives
effect to the majority of provisions of the UNCITRAL Model Law (as
amended in 2006).1 As one of the first few jurisdictions incorporating the
amended Model Law into its legislation, Hong Kong is widely
recognized as an established UNCITRAL Model Law jurisdiction.
There are two observations that can be made regarding the
enactment of the new Arbitration Ordinance. Firstly, whilst the old
Arbitration Ordinance was also based on UNCITRAL Model Law, it
distinguished between international and domestic arbitrations and only
allowed for the Model Law provisions to apply to international
arbitrations. The new Arbitration Ordinance promoted a uniform
approach towards both international and domestic arbitrations in Hong
Kong and increased the influence of the Model Law provisions in
arbitrations seated in Hong Kong.2 Secondly, whilst the old Arbitration
Ordinance had provided for the granting of interim measures to parties in
arbitration proceedings (both by the Arbitral Tribunal and the Court), the
new Arbitration Ordinance has further elaborated on the provisions
regarding interim measures. Accordingly, the new Arbitration Ordinance
now provides an updated, uniform and comprehensive framework
regarding interim measures which would further enhance parties’
confidence in carrying out arbitral proceedings in Hong Kong.
Under the new Arbitration Ordinance, the powers of the Arbitral
Tribunal and the Court are in parallel and a party may request either
body to grant interim measures. Compared to some other jurisdictions,