Updated Hong Kong SAR List of Recognized Mainland Arbitral Authorities

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On Dec 23rd, 2016, under Section 97(1) of the Arbitration Ordinance (Chapter 609) of Hong Kong Special Administrative Region (HKSAR) which provides that the Secretary for Justice must, by notice in the Gazette, publish a list of recognized Mainland arbitral authorities supplied from time to time to the Government by the Legislative Affairs Office of the State Council of the Peoples Republic of China through the Hong Kong and Macao Affairs Office of the State Council, Mr. Rimsky YUEN, SC, the Secretary for Justice of HKSAR published the updated list of the Recognized Mainland Arbitral Authorities in the Gazette No. 7226. By the list, Shanghai International Economic and Trade Arbitration Commission (also known as Shanghai International Arbitration Center, previously named as China International Economic and Trade Arbitration Commission Shanghai Commission) and other 245 mainland arbitral authorities are recognized under the Arbitration Ordinance of HKSAR.


By the consultations and consensus between the Supreme Peoples Court (SPC) and the Government of HKSAR, the SPC released the Arrangements of the Supreme Peoples Court on the Mutual Enforcement of Arbitral Awards between the Mainland and the Hong Kong Special Administrative Region (Arrangements) on Jan 24th, 2000. The Arbitration (Amendment) Ordinance 2000 of HKSAR promulgated its Section 40F pursuant to the Arrangements after its coming into force, and then amended Arbitration Ordinance of HKSAR in 2011 retained the stipulations in 40F and rearranged it as Section 97.


The statistics of the HKSAR Department of Justice reveals, after the coming into force of the Arrangements, that the arbitral awards rendered by SHIAC have been successfully recognized and enforced in HKSAR in 2000, 2001, 2002, 2003, 2007, 2009, 2011, 2013 and 2014 with no records of non-enforcement precedents so far.


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