Enforcement of Chinese Arbitral Awards Complete Once More: But With A Difference

Abstract

A combination of major reform of the Arbitration Ordinance on 27 June 1997 and China's resumption of sovereignty over Hong Kong on 1July 1997 resulted in an unfortunate hiatus in the summary enforcement in Hong Kong of arbitral awards from Mainland China and Taiwan. Enforcement in the SAR of awards from these jurisdictions could henceforth only be effected by way of an action on the award, a situation which did not promote Hong Kong as a centre for arbitrating China disputes or for enforcing Chinese awards. It was not until two further sets of amendments to the Ordinance took effect on 1 February and 23 June 2000 that this situation was redressed. Whilst these amendments have restored the status quo ante, they also make provision for interlocutory orders and directions of any arbitral tribunal sitting outside of Hong Kong to be enforced by the Hong Kong courts, with no requirement for reciprocity. The author cautions that the scope of this power, and the circumstances in which the courts of the SAR should exercise their discretion in favour of enforcement, are matters requiring definition.