CHEN CHUANG XIN v. ZHAO BIN

CHEN CHUANG XIN v. ZHAO BIN

Where the summons and affidavit disclose no arguable ground under section 95 of the Arbitration Ordinance, the court may dismiss the application to set aside at the first hearing; when leave to enforce a Mainland award is granted judgment can be entered only in terms of the award and the award remains enforceable in Hong Kong to the extent it is not fully satisfied, notwithstanding withdrawal of enforcement proceedings on the Mainland.

Citation
[2018] HKCFI 961
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
18 April 2018
Case Number
HCCT59/2017
Procedural Posture
Application to Set Aside Order Granting Leave to Enforce a Mainland Arbitration Award / First Hearing of Summons to Set Aside; Application Disposed at First Hearing
Outcome
Application to set aside the order granting leave to enforce the award dismissed
Legal Topics
Enforcement of Foreign Award, Recognition and Enforcement, New York Convention, Arbitration Ordinance Provisions
Source Language
EN
Arbitration Civil Procedure Enforcement International Commercial Arbitration Enforcement of Foreign Award Recognition and Enforcement New York Convention Arbitration Ordinance Provisions

Case Brief

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Procedural Posture

Application to Set Aside Order Granting Leave to Enforce a Mainland Arbitration Award / First Hearing of Summons to Set Aside; Application Disposed at First Hearing

Legal Issues

  1. 1 Whether the materials disclose any arguable ground under Section 95 of the Arbitration Ordinance to refuse enforcement
  2. 2 Whether the first hearing must be treated as a call-over hearing only or can dispose of the summons immediately
  3. 3 Whether partial satisfaction or withdrawal of Mainland enforcement affects enforcement in Hong Kong

Ratio Decidendi

Where the summons and affidavit disclose no arguable ground under section 95 of the Arbitration Ordinance, the court may dismiss the application to set aside at the first hearing; when leave to enforce a Mainland award is granted judgment can be entered only in terms of the award and the award remains enforceable in Hong Kong to the extent it is not fully satisfied, notwithstanding withdrawal of enforcement proceedings on the Mainland.

Court Disposition

Application to set aside the order granting leave to enforce the award dismissed

Orders

  • Application to set aside dismissed
  • Costs awarded to the respondent on an indemnity basis in the usual way