[HK] AO Hong Kong Arbitration Ordinance
[HK] AO
Hong Kong Arbitration Ordinance
(1) Any emergency relief granted, whether in or outside Hong Kong, by an emergency arbitrator under the relevant arbitration rules is enforceable in the same manner as an order or direction of the Court that has the same effect, but only with the leave of the Court.
(2) The Court may not grant leave to enforce any emergency relief granted outside Hong Kong unless the party seeking to enforce it can demonstrate that it consists only of one or more temporary measures (including an injunction) by which the emergency arbitrator orders a party to do one or more of the following—
(a) maintain or restore the status quo pending the determination of the dispute concerned;
(b) take action that would prevent, or refrain from taking action that is likely to cause, current or imminent harm or prejudice to the arbitral process itself;
(c) provide a means of preserving assets out of which a subsequent award made by an arbitral tribunal may be satisfied;
(d) preserve evidence that may be relevant and material to resolving the dispute;
(e) give security in connection with anything to be done under paragraph (a), (b), (c) or (d);
(f) give security for the costs of the arbitration.
(3) If leave is granted under subsection (1), the Court may enter judgment in terms of the emergency relief.
(4) A decision of the Court to grant or refuse to grant leave under subsection (1) is not subject to appeal.
Imported: