What Changed
- Applications for designation under Article 2(1) of the Mainland-HKSAR Interim Measures Arrangement commenced on November 2, 2026.
- Approved designations will remain valid for three years from the date of designation.
- Applications and supporting documents must be submitted to the DoJ by post or email on or before December 1, 2026.
The Department of Justice (DoJ) of the Hong Kong Special Administrative Region (HKSAR) announced on November 2, 2026, the commencement of a new round of application exercise for arbitration and dispute resolution institutions and permanent offices seeking designation under the bilateral interim measures framework with Mainland China.
Under Article 2(1) of 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), parties to arbitral proceedings seated in Hong Kong and administered by eligible designated institutions or permanent offices are entitled to apply directly to relevant Mainland courts for court-ordered interim measures.
Key Details of the Application Exercise:
- Eligibility and Scope: Arbitration and dispute resolution institutions as well as permanent offices interested in obtaining designated status under the Arrangement may submit applications to the DoJ.
- Validity Period: Successful designation under this new round will be valid for a period of three years from the date of designation.
- Submission Deadline: All written applications and supporting documents must be submitted to the DoJ on or before December 1, 2026.
- Submission Channels: Applications may be delivered by post to the Alternative Dispute Resolution Unit, Civil Division, Department of Justice, 2nd floor, East Wing, Justice Place, 18 Lower Albert Road, Central, Hong Kong, or submitted via email to [email protected].
Background and Relevance:
Signed between the DoJ and the Supreme People's Court of the People's Republic of China in April 2019, the Arrangement provides a key mechanism for cross-border judicial assistance. Institutional designation under Article 2(1) is essential for enabling parties in Hong Kong-seated arbitrations to access Mainland court interim relief. For enquiries, parties may contact the DoJ's Alternative Dispute Resolution Unit by phone (3902 8825 or 3902 8889) or email ([email protected]). Further details regarding application procedures are available on the DoJ webpage.
Who May Be Affected
Arbitration institutions, dispute resolution organizations, permanent offices, and commercial parties participating in Hong Kong-seated arbitrations involving Mainland assets or parties.
Cross-Border Context
The 2019 Arrangement connects Hong Kong as an arbitration seat with Mainland Chinese courts for cross-border interim relief such as asset or evidence preservation.
What to check next
- Department of Justice official webpage for specific application procedures and requirements.
This article provides general information and does not constitute legal advice. Consult the official text and obtain advice appropriate to your circumstances where needed.