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- It specifies that all arbitral awards made pursuant to the Arbitration Ordinance of Hong Kong can be enforced in the Mainland pursuant to the Supplemental Arrangement. That includes all awards rendered in Hong Kong-seated arbitrations, whether institutional or ad hoc.
www.herbertsmithfreehills.com/notes/arbitration/2020-12/hong-kong-and-mainland-china-enter-supplemental-arrangement-concerning-mutual-enforcement-of-arbitral-awardsHong Kong and Mainland China Enter Supplemental Arrangement Concerning ...
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Is an arbitral award enforceable in Hong Kong?
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What is Section 84 of the Hong Kong arbitration ordinance?
In Hong Kong, section 92 of the Arbitration Ordinance provides that an arbitral award obtained in the Mainland is enforceable either by action in the Courts of Hong Kong, or in the same manner as a judgment of Courts of Hong Kong with leave of the Court. To enforce a Mainland arbitral award, the relevant party must produce:
2020年5月29日 · When the claimant sought enforcement of the award in the Hong Kong High Court, the respondent raised objection by relying on Section 95(2) of the Arbitration Ordinance, which states that enforcement of a Mainland award may be refused if the person against
2015年10月17日 · Enforcement of an award can be refused under different circumstances, depending on the type of the award in question: Convention awards (section 89, Arbitration Ordinance (Cap 609) (AO)). Mainland awards (section 95, AO). Other foreign awards (section 86
2023年5月2日 · There are two stages in the enforcement of an arbitral award in HKSAR: a. Recognition stage – an award is converted into a HKSAR judgment; b. Execution stage – the judgment can be enforced using an acceptable method of enforcement. At the recognition stage, the court has to decide whether to grant permission to enforce the award.
- Gautam Mohanty
Furthermore, the court asked to enforce the foreign arbitral award may refuse to enforce the award if it finds: •The dispute between the parties was not capable of settlement by arbitration under the laws of Hong Kong; or •To enforce the award would be contrary to
Enforcement of Awards. Points peculiar to HK. Overview - Challenging an Arbitral Award. An arbitration award is final and binding unless otherwise agreed by the parties (s. 73 of the Arbitration Ordinance (Cap. 609)(“HKAO”)) Nevertheless, a party may challenge the award if one of the grounds under s. 81 of the HKAO are met.
2021年5月6日 · There are two major changes: firstly, it removes the restrictions on the enforcement of Mainland awards under Section 93, allowing parties to enforce their awards both with Mainland courts and the High Court of Hong Kong (“ Hong Kong court ”) at the same time; secondly, it repeals the list of “recognised” Mainland arbitral authorities [4] publis...
