Can arbitral awards made by the inland arbitration institutions be enforced in HKSAR, and arbitral awards made by HKSAR be enforced in inland people's courts?
In pursuance to Article 95 of the Basic Law of HKSAR (Hong Kong Special Administrative Region) "The HKSAR may, through consultations and in accordance with law, maintain juridical relations with the judicial organs of other parts of the country, and they may render assistance to each other." The Supreme People's Court and the government of HKSAR have reached an agreement whereby courts in HKSAR will enforce arbitral awards made by the inland arbitration institutions under the Arbitration Law of the People's Republic of China and the inland people's courts will enforce the arbitral awards made in HKSAR under the Arbitration Ordinance. The inland intermediate people's courts at the domicile of the party against whom the enforcement is sought or at the place of the property against which the enforcement is sought, and the high court in HKSAR shall have jurisdiction in accepting the application for enforcement of an arbitral award. When applying for enforcement of an arbitral award, the applicant shall submit (a) a written application; (b) the arbitral award; and (c) the arbitration agreement. The written application shall specify identification of the applicant; identification of the party against whom the enforcement is sought; if the applicant is a company incorporated outside China, notarization and legalization will be necessary; reasons for the application and the items of the enforcement, and information in respect of the financial situation of the party against whom the enforcement is sought as well as the location of the property to be enforced.
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