Herbert Smith Freehills review the Hong Kong High Court’s decision in Chen Hongqing v Mi Jingtian, which illustrates the manner in which parties may seek interim relief in Hong Kong to support arbitral proceedings being conducted elsewhere – in this case, the appointment of receivers in connection with a CIETAC arbitration in Mainland China. The authors observe that the power of the Hong Kong Court to grant interim relief in support of foreign arbitral proceedings is well established and as this case illustrates, this can be a powerful tool for parties seeking to preserve assets, evidence or the status quo pending the outcome of arbitral proceedings, and particularly noteworthy in the context of China-related disputes, given the relatively limited preservation measures available from the Mainland courts.
About Phillip Rompotis
Phillip practices as a barrister and arbitrator in Hong Kong. He has over 25 years’ litigation and arbitration experience in commercial disputes relating to construction & engineering, financial services, joint venture & shareholders agreements, technology, trusts, property and landlord & tenant. He is a Fellow of the Chartered Institute of Arbitrators, the Singapore Institute of Arbitrators, the Malaysian Institute of Arbitrators, and a member of various lists/panels of arbitrators.View