Although the sovereignty of Hong Kong has been returned to the Mainland China, The conflict of legal system is still significant problems which affect to commercial transaction.One of the essential commercial question is whether an arbitral award from the China can be enforced in Hong Kong or vise versa.
Following the Memorandum of Understanding on Arrangement concerning Mutual Enforcement of Arbitration Awards between the Mainland and the Hong Kong SAR admit an arbitral award from Hong Kong is enforceable in the mainland China.
(2)the ground that the court will review the award ,is stated in The Memorandum of Understanding on Arrangement concerning Mutual Enforcement of Arbitration Awards between the Mainland and the Hong Kong SAR article 7 (1)-(5) such as
“(1)A party to the arbitration agreement was, under the law applicable to him, under some incapacity, or the arbitration agreement was not valid under the law to which the parties subjected it, or ,failing any indication thereon, under the law of the place in which the arbitral award was made;”
Moreover, following the second paragraph of article 7 of the above mentioned Memorandum of Understanding provide the court can review on ground of contrary to the public interests of the mainland China
Link to Hong Kong Journal
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