Elizabeth Chan

Bottom line: Efforts to challenge procedural interim orders in the arbitration context are unlikely to succeed, underscoring the autonomy of arbitration proceedings.

This approach safeguards the arbitration process from unnecessary challenges/delays and upholds the tribunal’s authority over procedural matters.

The Hong Kong courts will generally enforce tribunal-issued interim measures. The Arbitration Ordinance does not specify grounds for courts’ refusal to enforce such measures, and there is no appeal against judicial enforcement decisions.

Awards resolve substantive rights, while interim orders, like anti-suit injunctions, address procedural aspects without final determination. The procedural/substantive distinction is not always clear and will turn on the nature of the issues being decided.

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