Hong Kong & China

Hong Kong Court of Appeal refuses to set aside final award

In a judgment handed down on  15 August 2016, the Hong Kong Court of Appeal has dismissed an appeal seeking to set an ICC award (Tronic International Pte Ltd v Topco Scientific Co Ltd and Others CACV 235/2013).

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Filed under Arbitration laws, Arbitration proceedings, Arbitration rules, Challenges to awards, Court intervention, Hong Kong & China, UNCITRAL Model Law

When does “may” mean “shall”? Hong Kong Court rejects argument that permissive language creates either a binding arbitration agreement or a right to compel arbitration

In The Incorporated Owners of Wing Fai Building, Shui Wo Street v Golden Rise (HK) Project Company Limited DCCJ 225/2016, a Hong Kong court considered the effect of a dispute resolution clause that provided that parties "may" refer disputes to … Continue reading

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Filed under Arbitration clauses, Hong Kong & China, Stays

Hong Kong Court of Appeal denies anti-suit injunction on grounds of delay and comity

In Sea Powerful II Special Maritime Enterprises (ENE) v Bank of China Limited [2016], the Hong Kong Court of Appeal (CA) has highlighted the need for parties to act promptly when applying for an injunction to restrain foreign court proceedings … Continue reading

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Filed under Court intervention, Hong Kong & China, Interim relief

Hong Kong Court of Appeal declines leave to appeal stay in favour of arbitration notwithstanding procedural irregularity

In Wing Bo Building Construction Co Ltd v Discreet Ltd (HCMP 775/2016), the Hong Kong Court of Appeal ("CA") has declined an application for leave to appeal a decision by the Court of First Instance ("CFI") to stay the action … Continue reading

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Filed under Arbitration laws, Arbitration proceedings, Hong Kong & China, Stays

Hong Kong Court of Appeal affirms partial set aside of an arbitral award for “serious” irregularity

The Hong Kong Court of Appeal ("CA") recently affirmed a decision of the Court of First Instance ("CFI"), in which an arbitral award was partially set aside due to an irregularity that the CA described as being at "the serious … Continue reading

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Filed under Arbitration laws, Arbitration proceedings, Awards, Challenges to awards, Hong Kong & China

Hong Kong court upholds validity of arbitration agreement in dispute concerning formation of underlying contract

In Chee Cheung Hing & Co Ltd v Zhong Rong International (Group) Ltd (HCA 1454/2015), the Hong Kong Court of First Instance ("CFI") stayed proceedings under s.20 Arbitration Ordinance ("the Ordinance"), which provides for referrals to arbitration where "…an action … Continue reading

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Filed under Arbitration laws, Hong Kong & China, Stays

Hong Kong Court rejects allegation of fraud as basis for resisting enforcement of award: re-affirms high evidentiary threshold required to be satisfied in such cases.

Following a steady line of authority emphasising the high hurdle to be surmounted in applying for awards to be set aside on grounds of public policy, the Hong Kong Court of First Instance (CFI) has dismissed an application to set … Continue reading

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Filed under Arbitration laws, Awards, Challenges to awards, Enforcement, Hong Kong & China

Hong Kong court upholds constitutionality of limits on appeal

In Wing Bo Building Construction Company Limited v Discreet Limited (HCA 146/2015) the Hong Kong Court of First Instance ("CFI") has upheld the constitutionality of s.20(8) Arbitration Ordinance, which provides that CFI decisions to stay proceedings in favour of arbitration … Continue reading

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Filed under Arbitration proceedings, Asia, Hong Kong & China, Jurisdiction

Hong Kong court clarifies test for security pending set aside application

The Hong Kong Court of First Instance has confirmed the test under s.89(5) Arbitration Ordinance for granting security for the award, pending an application to set aside the award at the seat. The court held that same test applies where … Continue reading

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Filed under Arbitration laws, Awards, Hong Kong & China

Hong Kong CFI stays proceedings in favour of arbitration notwithstanding defendant’s submission to Hong Kong courts; upholds arbitration agreement contained in related contract

The Hong Kong CFI has stayed a claim under a deed of guarantee pending arbitration on the basis of an arbitration agreement in a Subscription Agreement containing the guaranteed obligations (Bluegold Investment Holdings Ltd v Kwan Chun Fun Calvin [2016] … Continue reading

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Filed under Arbitration clauses, Arbitration laws, Hong Kong & China