Division 4—Recognition and enforcement of interim measures
43. Article 17H of UNCITRAL Model Law (Recognition and enforcement)
Section 61 has effect in substitution for article 17H of the UNCITRAL Model Law.
44. Article 17I of UNCITRAL Model Law (Grounds for refusing recognition or enforcement)
Article 17I of the UNCITRAL Model Law does not have effect.
Division 5—Court-ordered interim measures
45. Article 17J of UNCITRAL Model Law (Court-ordered interim measures)
(1) Article 17J of the UNCITRAL Model Law does not have effect.
(2) On the application of any party, the Court may, in relation to any arbitral proceedings which have been or are to be commenced in or outside Hong Kong, grant an interim measure.
(3) The powers conferred by this section may be exercised by the Court irrespective of whether or not similar powers may be exercised by an arbitral tribunal under section 35 in relation to the same dispute.
(4) The Court may decline to grant an interim measure under subsection (2) on the ground that—
- (a) the interim measure sought is currently the subject of arbitral proceedings; and
- (b) the Court considers it more appropriate for the interim measure sought to be dealt with by the arbitral tribunal.
(5) In relation to arbitral proceedings which have been or are to be commenced outside Hong Kong, the Court may grant an interim measure under subsection (2) only if—
- (a) the arbitral proceedings are capable of giving rise to an arbitral award (whether interim or final) that may be enforced in Hong Kong under this Ordinance or any other Ordinance; and
- (b) the interim measure sought belongs to a type or description of interim measure that may be granted in Hong Kong in relation to arbitral proceedings by the Court.
