Tag Archives: Hong Kong

HONG KONG COURT DISMISSES APPLICATION FOR FURTHER STAY OF ENFORCEMENT

After reluctantly issuing an initial stay of enforcement in July 2018, the Hong Kong Court of First Instance recently dismissed an application by China Zenith Chemical Group Ltd (CZ) to further delay the enforcement of an arbitral award in favour … Continue reading

Leave a Comment

Filed under Arbitration proceedings, Hong Kong & China

Hong Kong Court of Appeal ends 12-year Xiamen v Eton Properties saga

As discussed in this post, Xiamen Xingjingdi Group Co Ltd (XJ) and various co-defendants affiliated with Eton Properties Ltd (together, EP) have been involved in a long-running dispute in multiple fora, including a PRC-seated CIETAC arbitration and several Hong Kong … Continue reading

Leave a Comment

Filed under Arbitration clauses, Asia, Awards, Court intervention, Damages, East Asia, Enforcement, Hong Kong & China

Hong Kong’s funding code published

As noted in our earlier post, Hong Kong published its long-awaited Code of Practice for Third Party Funding of Arbitration on 7 December 2018. Publication of the Code has removed the final hurdle to third party funding of Hong Kong … Continue reading

Leave a Comment

Filed under Arbitration laws, Asia, Hong Kong & China, News, Uncategorized

Hong Kong funding law to take effect 1 February

Hong Kong has published its long-awaited Code of Practice for third party funders, and announced that amendments to the Arbitration Ordinance which permit funding of Hong Kong arbitrations will come fully into force on 1 February 2019. Similar amendments to … Continue reading

Leave a Comment

Filed under Arbitration laws, Hong Kong & China, Third Party Funding

Hong Kong Court grants injunction, holds tortious claim unaffected by arbitration agreement

In Castlemil Infant (HK) Supplies Co Ltd v Care N Love Development Ltd [2018] HKDC 1419, the Hong Kong District Court granted a mandatory injunction, having found that the plaintiff’s underlying tort claims did not fall within the scope of … Continue reading

Leave a Comment

Filed under Arbitration clauses, Hong Kong & China, Interim relief

Hong Kong courts can order interim relief against non-parties—but only sparingly

The decision in Company A and Others v Company B and Others [2018] HKCU 3575 confirms that Hong Kong courts can order interim relief in support of an arbitration, even against a person or entity which is not party to … Continue reading

Leave a Comment

Filed under Asia, Hong Kong & China, Interim relief, Third-Party Rights

Hong Kong Court Refuses Recognition of Mainland Award on Public Policy Grounds

On 18 October 2018, the Hong Kong Court of First Instance (Court) in Z v Y [2018] HKCFI 2342 refused to recognise an Award of the China Guangzhou Arbitration Commission by reason of public policy. Mimmie Chan J presided and … Continue reading

Leave a Comment

Filed under Enforcement, Hong Kong & China, Uncategorized

HKIAC Rules effective today

The HKIAC’s Administered Arbitration Rules 2018 enter into force today, 1 November 2018. See our earlier blog post for details of the updates and innovations. If you have questions or would like to know more about arbitrating under the updated … Continue reading

Leave a Comment

Filed under Arbitration rules, Asia, Hong Kong & China, News

HONG KONG COURT GIVES “DUE WEIGHT” TO SUPERVISORY COURT ON ENFORCEMENT

In U v S [2018] HKCFI 2086, the Hong Kong Court of First Instance (Court) dealt with an application to adjourn an application to set aside an enforcement order. In granting the adjournment, Chan J took into account public policy … Continue reading

Leave a Comment

Filed under Asia, Enforcement, Hong Kong & China, Uncategorized

HONG KONG COURT “RELUCTANTLY” ISSUES TEMPORARY STAY OF ENFORCEMENT

In Baosteel Engineering & Technology Group Co. Ltd. v. China Zenith Chemical Group Ltd. [HCCT 7/2018], the Hong Kong Court of First Instance granted a temporary stay of enforcement of an arbitral award. In order to ensure that the award … Continue reading

Leave a Comment

Filed under Uncategorized