Research On The Legal Issues Of Hong Kong Special Administrative Region’s Maritime Ad Hoc Arbitration In Court-ordered Interim Measures In Aid Of Arbitral Proceedings By The Courts Of The Mainland

In addition to the introduction and conclusion,this paper consists of three chapters.The first chapter introduces the general situation of property preservation of Hong Kong Maritime Ad Hoc Arbitration iby the Courts of the Mainland.This paper first analyzes the current situation of Hong Kong Maritime Ad Hoc Arbitration,and clarifies that it plays an important role in the dispute settlement mechanism in Hong Kong.However,there are some difficulties,including the restriction that Hong Kong Maritime Ad Hoc Arbitration can not preserve property in the mainland court.At the same time,it defines the nature and purpose of Maritime Ad Hoc Arbitration preservation,introduces the general situation of Hong Kong Maritime Ad Hoc Arbitration preservation in the mainland court,clarifies the current situation of property preservation through data,and analyzes the benefits of property preservation if the mainland court.The second chapter clarifies the legal application of the preservation of Hong Kong Maritime Ad Hoc Arbitration by the Courts of the Mainland.Firstly,this paper analyzes the legal conflicts between the mainland and Hong Kong,that is,the acceptance of the maritime Ad Hoc Arbitration in Hong Kong and the contradiction between the mainland and the Ad Hoc Arbitration,so as to determine the root of the legal conflicts between the mainland and Hong Kong.After the analysis,it confirms the principle of law application under the background of the conflict between the mainland and Hong Kong Maritime Ad Hoc Arbitration,and further discusses the rules of law application of property preservation of Hong Kong Maritime Ad Hoc Arbitration in the mainland court,so as to determine that the parties can only apply for maritime property preservation in the mainland court against the ship related property.The third chapter analyzes the dilemma of the preservation of Hong Kong Maritime Ad Hoc Arbitration in the mainland,and puts forward some suggestions,that is to improve the logicality and thoroughness of maritime law,and ensure its convergence with other department laws.At the level of departmental law,it is urgent for the provisional Ad Hoc Arbitration other than maritime Ad Hoc Arbitration to carry out property preservation in the mainland court,which can be discussed at the legislative level;at the level of maritime Ad Hoc Arbitration,it is also necessary to protect the non ship property maritime claims,and the scope of application of preservation can be appropriately expanded when amending the law.