China’s mainland and Hong Kong, on 18 January 2019, signed the Arrangement on Reciprocal Recognition and Enforcement of Judgments in Civil and Commercial Matters between the Courts of the Mainland and of Hong Kong (the Arrangement).
This is an important development for parties negotiating dispute resolution mechanisms and considering choice of court provisions. The Arrangement applies to civil judgments and covers both monetary and non-monetary relief. Judgment creditors will not need to commence fresh proceedings in the enforcing jurisdiction.
The Arrangement will take effect on a date to be announced, and supersedes the Choice of Court Arrangement signed in 2006 (the 2006 arrangement), which was far more limited in its scope than the new Arrangement.
Business Law Digest is compiled with the assistance of Baker McKenzie. Readers should not act on this information without seeking professional legal advice. You can contact Baker McKenzie by e-mailing Danian Zhang (Shanghai) at danian.zhang@bakermckenzie.com
