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 aside an order granting leave to enforce an arbitral award (Order) where the applicant alleged … Read more

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 an applications to set aside a CFI order granting leave to enforce the awards is … Read more

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] HKEC 532) – notwithstanding a non-exclusive choice of the Hong Kong courts in the Guarantee.  … Read more