Judicial Assistance Research On Interim Measures For Arbitration Between The Mainland And Hong Kong

In the development of Guangdong-Hong Kong-Macao Greater Bay Area.Arbitration as one of the solutions to legal disputes,plays an increasingly significant role between the Mainland and Hong Kong.As a temporary measure to ensure the successful implementation of the arbitration award.Arbitration Interim measure plays an unique role in the modern arbitration procedure.Especially on the premise that the legislative provisions and judicial practice of the Interim Measures in the two places are different between the two places.How to make the Mainland change its past situation of not implementing the Interim Measures for arbitration in Hong Kong has become an important topic for the Mainland to support Hong Kong to build an international arbitration center in the Asia Pacific region at this stage.At the same time,in order to gradually improve the internationalization level of arbitration in the Mainland,how to improve the legislative model of interim measurein of the Mainland and to give corresponding legal support to arbitration institutions are still hot topics in academic and practical circles.Therefore,based on the practice of previous judicial assistance in arbitration,considering the legislation and judicial practice of the two places,the"arrangement on mutual assistance in preservation of arbitration proceedings between the courts of the mainland and Hong Kong SAR"has been issued.The promulgation and implementation of the legal document provided the mainland court with legal basis when hearing and executing the Hong Kong arbitration interim measure award,reflecting the mainland’s support for Hong Kong arbitration and promoting the improvement of interregional judicial assistance in China.In addition,it should be noted that there are several issues that need to be clarified in the practice of this legal document:Firstly,how long is the specific time for the courts of both parties to review the application for preservation,Secondly,whether the enforcement object is only limited to the provisional award before the arbitral award is made,Thirdly,how the Mainland courts apply the measure in order to prevent malicious preservation.Therefore,in order to better promote the implementation of the arrangement,this paper puts forward some suggestions on how to solve the above problems in the judicial practice with the help of the practical results of judicial assistance in the Interim Measures of arbitration in the two places:Firstly,on the basis of the respective legislation and practice in the two places,it is necessary to shorten the review time properly,Secondly,according to the judicial interpretation and reference to the previous judicial practice,it is necessary to make an arbitral award,Thirdly,Mainland courts can learn from the provisions of Hong Kong arbitration legislation on Security Interim Measures,and appropriately improve the standards of security.