SHENZHEN CITY TONG YING FOREIGN TRADE CORPORATION LTD. v. ALPS CO. LTD.

SHENZHEN CITY TONG YING FOREIGN TRADE CORPORATION LTD. v. ALPS CO. LTD.

The court held that the defendant's challenges lacked substance: s.40E(2)(b) does not sensibly apply to an argument that no arbitration agreement was made; the CIETAC Secretary-General validly extended the 9-month period under Article 52; there was no established rule that non-payment of fees invalidated the...

Source-derived case information.

Citation
SHENZHEN CITY TONG YING FOREIGN TRADE CORPORATION LTD. v. ALPS CO. LTD.
Parties
Plaintiff/claimant: Shenzhen City Tong Ying Foreign Trade Corporation Limited; Defendant/respondent: Defendant
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
12 September 2001
Case Number
HCCT82/2000
Procedural Posture
Construction and Arbitration Proceedings / Application to Set Aside Order Granting Leave to Enforce a Mainland Arbitral Award and Related Judgment
Outcome
Application to set aside the order granting leave to enforce the mainland award and the consequent judgment dismissed
Legal Topics
Recognition and Enforcement of Mainland Arbitral Award, Validity of Arbitration Agreement, CIETAC Arbitration Rules Time Limits and Fees, Judicial Review of Arbitral Procedure
Source Language
en
Arbitration Civil Procedure Conflict of Laws Enforcement of Foreign Awards Recognition and Enforcement of Mainland Arbitral Award Validity of Arbitration Agreement CIETAC Arbitration Rules Time Limits and Fees Judicial Review of Arbitral Procedure

Source-derived case record

Summary, issues, holding and outcome

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Parties

Shenzhen City Tong Ying Foreign Trade Corporation Limited

Plaintiff/claimant

Defendant

Defendant/respondent

Procedural Posture

Construction and Arbitration Proceedings / Application to Set Aside Order Granting Leave to Enforce a Mainland Arbitral Award and Related Judgment

Legal Issues

  1. 1 Whether there was a binding arbitration agreement for the purposes of s.40E(2)(b) Arbitration Ordinance (Cap.341)
  2. 2 Whether the award was rendered outside prescribed time without valid extension under CIETAC Article 52
  3. 3 Whether non-payment of arbitration fees prevented valid arbitration or enforcement

Ratio Decidendi

The court held that the defendant's challenges lacked substance: s.40E(2)(b) does not sensibly apply to an argument that no arbitration agreement was made; the CIETAC Secretary-General validly extended the 9-month period under Article 52; there was no established rule that non-payment of fees invalidated the arbitration or enforcement and any such requirement was waived by CIETAC proceeding; therefore the application to set aside the leave and judgment failed.

Court Disposition

Application to set aside the order granting leave to enforce the mainland award and the consequent judgment dismissed

Orders

  • Application dismissed
  • Order dated 2 August 2000 granting leave to enforce the mainland award and Judgment dated 10 August 2000 upheld