GAO HAIYAN AND ANOTHER v. KEENEYE HOLDINGS LTD AND ANOTHER

GAO HAIYAN AND ANOTHER v. KEENEYE HOLDINGS LTD AND ANOTHER

Judge refused to dismiss the respondents' summons at interlocutory stage, held that the alleged communications, if proved, could offend Hong Kong public policy but required factual determination at trial; therefore adjourned the summons and ordered a timetable for affidavits and trial preparation.

Citation
GAO HAIYAN AND ANOTHER v. KEENEYE HOLDINGS LTD AND ANOTHER
Parties
1st Applicant: Gao Haiyan; 2nd Applicant: Xie Heping; 1st Respondent: Keenyee Holdings Limited; 2nd Respondent: New Purple Golden Resouces Development Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
8 November 2010
Case Number
HCCT41/2010
Procedural Posture
Enforcement of Mainland Arbitration Award / Interlocutory (s40 E(3) Application to Set Aside Ex Parte Leave); Adjourned for Trial
Outcome
Respondents' summons to set aside the ex parte leave adjourned for trial; ex parte leave not set aside at this stage
Legal Topics
Enforcement, Setting Aside, Public Policy, Ex Parte Orders, Impartiality of Tribunal, Mediation
Source Language
EN
Arbitration Public Policy Civil Procedure Enforcement of Foreign Awards Enforcement Setting Aside Ex Parte Orders Impartiality of Tribunal +1 more

Case Brief

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Parties

Gao Haiyan

1st Applicant

Xie Heping

2nd Applicant

Keenyee Holdings Limited

1st Respondent

New Purple Golden Resouces Development Limited

2nd Respondent

Procedural Posture

Enforcement of Mainland Arbitration Award / Interlocutory (s40 E(3) Application to Set Aside Ex Parte Leave); Adjourned for Trial

Legal Issues

  1. 1 Whether enforcement of a Mainland arbitral award may be refused as contrary to public policy under s40E(3)
  2. 2 Whether alleged improper communications between tribunal members/commission officials and a party/middleman render the award contrary to Hong Kong public policy
  3. 3 Whether mediation/settlement communications at the seat amount to unacceptable interference with tribunal impartiality

Ratio Decidendi

Judge refused to dismiss the respondents' summons at interlocutory stage, held that the alleged communications, if proved, could offend Hong Kong public policy but required factual determination at trial; therefore adjourned the summons and ordered a timetable for affidavits and trial preparation.

Court Disposition

Respondents' summons to set aside the ex parte leave adjourned for trial; ex parte leave not set aside at this stage

Orders

  • Summons adjourned to 9:30 a.m. on 17 November 2010 for fixing a timetable for affidavits and further steps to prepare for trial
  • Costs of the hearing to be in the cause