Hong Kong & China
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).
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
In Sea Powerful II Special Maritime Enterprises (ENE) v Bank of China Limited , 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
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
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
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
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
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
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
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  … Continue reading