Meaning
Cross-border judicial assistance between mainland China and Hong Kong allows parties in ongoing arbitration proceedings to apply directly to mainland courts for interim measures. Through the mechanism of hong kong arbitration preservation, applicants can request the freezing of bank accounts or the seizure of real estate located in the mainland while the arbitration is conducted under the rules of qualified Hong Kong institutions. This arrangement removes the historical barrier that prevented mainland courts from supporting offshore arbitral proceedings with interim asset-freezing powers, thereby aligning Hong Kong as a preferred seat for resolving mainland-related commercial disputes with robust security measures.
Institutional Eligibility
Qualifying for this cross-border support requires the arbitration to be administered by an approved institution such as the Hong Kong International Arbitration Centre or the China International Economic and Trade Arbitration Commission Hong Kong Arbitration Center. Ad hoc arbitrations or those administered by institutions not listed in the official bilateral arrangement are excluded from this framework. The court rejects applications that do not carry the formal certification of an eligible institution.
Application Flow
Applicants must submit their interim measure requests to the mainland Intermediate People Court where the assets or the defendant is located. The application is routed through the administering Hong Kong institution, which transmits a letter of request and certified arbitration documents to the mainland court. This procedural pathway ensures that the mainland judiciary receives verified case files directly from the offshore registry.
Asset Security
Providing a counter-security bond is a strict requirement for mainland courts before they execute any preservation orders under this arrangement. The court requires the applicant to post cash or a litigation security bond from a mainland financial institution.
