《关于内地与澳门特别行政区就仲裁程序相互协助保全的安排》的理解与适用

On Understanding and Application of Arrangement Concerning Mutual Assistance in Court-ordered Interim Measures in Aid of Arbitral Proceedings by the Courts of the Mainland and of the Macao Special Administrative Region

《关于内地与澳门特别行政区就仲裁程序相互协助保全的安排》适用于两地仲裁机构管理的仲裁程序,在保全方面将澳门仲裁程序与内地仲裁程序类似对待,给予两地仲裁程序当事人相同权能,涵盖两地全部保全类型。安排对仲裁前、仲裁中当事人向对方法院申请保全作出具体规定,通过明确适用的仲裁程序、仲裁阶段、管辖法院、申请材料、申请书内容、尽速审查和救济程序等,为两地仲裁程序当事人和有管辖权的法院作出指引。该安排的签署标志着两地仲裁领域的全流程协助和全面覆盖,是"一国两制"制度优势的充分体现,也是两地贯彻落实"一国两制"方针和澳门基本法的具体举措。

The Arrangement Concerning Mutual Assistance in Court-ordered Interim Measures in Aid of Arbitral Proceedings by the Courts of the Mainland and of the Macao Special Administrative Region is applicable to arbitral proceedings administered by arbitration institutions in the two places. In terms of interim measures,the arbitral proceedings in Macao are treated similarly to those in the Mainland, and the parties to the arbitral proceedings in the two places are given the same rights,covers all interim measures in both places. The Arrangement makes specific provisions for the parties to apply to the other court for interim measures before and during the arbitration, by specifying the applicable arbitral proceedings, arbitral stage, competent court, application materials, content of the application, expedited review and legal remedy, etc., providing guidance for parties and competent courts. The signing of the arrangement marks the full-process assistance and full coverage of the arbitration field between the two places, which fully reflects the advantages of the "one country, two systems", and is also a concrete measure for the two places to implement the "one country, two systems" policy and the Macao Basic Law.