The Supreme Peoples’ Court of the People’s Republic of China (SPC) has recently announced that the Hong Kong International Arbitration Centre (HKIAC) is to be included in the China International Commercial Court’s (CICC) “One-Stop” Platform for Diversified International Commercial Dispute Resolution (“One-Stop” Platform).
According to the Rules of the Supreme People’s Court on International Commercial Court Procedure (Trial Implementation), the inclusion of HKIAC into the “One-Stop” Platform means that parties to cases administered by HKIAC with an amount in dispute over RMB 300 million or otherwise likely to be of significant influence, may apply for interim relief and/or the enforcement of arbitral awards directly to the CICC. While parties to HKIAC proceedings could already apply to the competent Intermediate People’s Court for interim relief, this new route is a more effective alternative (where appropriate) to the current arrangements between the Mainland and Hong Kong.
The SPC had established the “One-Stop” Platform in 2018, in order to integrate litigation, mediation and arbitration, and to facilitate parties’ involvement in the process of online dispute resolution. In December 2018, the SPC announced the first group of arbitration and mediation institutions to be included on the “One-Stop” Platform, which covered most of the leading arbitration and mediation institutions in the Mainland. The SPC’s recent inclusion of the second group of arbitration institutions on the “One-Stop” Platform was done with a view to promoting the high-quality development of the Belt and Road initiative.
This new development makes the HKIAC the first arbitral institution outside the Mainland to be included in the “One-Stop” Platform, adding yet another string to the HKIAC’s bow. In a recent press release, the HKIAC Co-chairperson, Rimsky Yuen, GBM, SC, JP, has regarded this as a “ground-breaking development”, stating that it opens new doors to obtaining interim relief and award enforcement before judges of the highest calibre on the Mainland.
For further information, please contact:
Simon Chapman, Partner, Herbert Smith Freehills