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On 27 November 2020, the Department of Justice of Hong Kong and the Supreme People’s Court of China signed the Supplemental Arrangement Concerning Mutual Enforcement of Arbitral Awards between the Mainland and the Hong Kong Special Administrative Region (the
Supplemental Arrangement).
The Supplemental Agreement amends and clarifies the Arrangement Concerning Mutual Enforcement of Arbitral Awards between the Mainland and the HKSAR (the
Existing Arrangement) which was signed back in 1999.
The main amendments / clarifications under the Supplemental Arrangement are as follows:
Article 1 clarifies that the procedures under the Existing Arrangement cover the “recognition”, in addition to the “enforcement”, of arbitral awards made in Hong Kong or the Mainland. The Existing Arrangement did not refer expressly to the “recognition” of arbitral awards, leading to ambiguity as to whether an arbitral award needs to