19 April 2021
Patrick Fung SC and Ellen Pang of DVC delivered a lecture in Peking University’s International Commercial Dispute Settlement Course on 10 April 2021. The lecture focused on various aspects of arbitration agreement including:
- Incorporation and amendment of arbitration rules by arbitration agreement;
- Practical tips for drafting arbitration agreements;
- Considerations in deciding the seat, arbitration institution, number of arbitrators and language of an arbitration; and
- Differences between ad hoc arbitration and institutional arbitration
One of the key takeaways from the lecture is the significance of the Arrangement Concerning Mutual Assistance in Court-ordered Interim Measures in Aid of Arbitral Proceedings by the Courts of Mainland and of the Hong Kong Special Administrative Region (“Arrangement”). Prior to the Arrangement, parties to a non-Mainland arbitration could not apply for interim measures within Mainland China. After the Arrangement came into effect on 1 October 2019, parties to a Hong Kong arbitration may now make an application to Mainland Courts for interim measures in support of the arbitration. Hence, in choosing Hong Kong as the seat of arbitration, parties will enjoy a unique advantage of being able to utilize the Mainland Courts’ interim measures. This distinct advantage is absent in other overseas jurisdictions.