Hong Kong court upholds anti-suit injunction granted by arbitrator

The Hong Kong Court of First Instance has dismissed a challenge to an interim order granted by an arbitrator to restrain court proceedings in mainland China against non-parties to the underlying arbitration agreement (G v. N [2024] HKCFI 721).

The decision turned upon the important distinction between arbitral awards which finally dispose of substantive issues (which can be challenged before the courts, albeit on limited grounds) and interim orders made pursuant to the procedural discretion of the arbitral tribunal (which the court generally cannot and will not interfere with).

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