#HKArbitrationUpdates: The Hong Kong Court of First Instance emphasises minimal court intervention in procedural interim orders/measures like anti-suit injunctions.
[4/5] Bottom line: Efforts to challenge procedural interim orders in the arbitration context are unlikely to succeed, underscoring the autonomy of arbitration proceedings.
Bottom line: Efforts to challenge procedural interim orders in the arbitration context are unlikely to succeed, underscoring the autonomy of arbitration proceedings.
The Hong Kong courts will generally enforce tribunal-issued interim measures. The Arbitration Ordinance does not specify grounds for courtsโ 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.