KB v. S AND OTHERS

KB v. S AND OTHERS

The summons to set aside the order granting leave to enforce the 2nd and 3rd arbitration awards was dismissed and struck out because (1) the application was out of time as to the 1st and 2nd respondents and no compelling reason or proper leave was given to extend time, (2) the summons was unsupported or belatedly...

Source-derived case information.

Citation
KB v. S AND OTHERS
Parties
Applicant: KB; 1st Respondent: S; 2nd Respondent: others; 3rd Respondent: 3rd Respondent
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
15 September 2015
Case Number
HCCT13/2015
Procedural Posture
Enforcement of Arbitration Awards / Setting Aside Enforcement Order / Chambers Hearing — Application to Set Aside Order Granting Leave to Enforce Awards; Reasons for Decision
Outcome
Summons to set aside the order dismissed and struck out; leave to enforce the 2nd and 3rd arbitration awards maintained
Legal Topics
Enforcement of Arbitral Awards, Setting Aside Awards, Specific Performance, Jurisdictional Challenges, Service of Process, Delay and Extension of Time, Abuse of Process, Duty of Good Faith
Source Language
en
Arbitration Law Civil Procedure Contract Law Enforcement of Judgments Enforcement of Arbitral Awards Setting Aside Awards Specific Performance Jurisdictional Challenges +4 more

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Parties

KB

Applicant

S

1st Respondent

others

2nd Respondent

3rd Respondent

3rd Respondent

Procedural Posture

Enforcement of Arbitration Awards / Setting Aside Enforcement Order / Chambers Hearing — Application to Set Aside Order Granting Leave to Enforce Awards; Reasons for Decision

Legal Issues

  1. 1 Whether the summons to set aside the order granting leave to enforce the 2nd and 3rd arbitration awards was brought within time and with required supporting affidavit
  2. 2 Whether the respondents disclosed any arguable ground to set aside the awards or to resist enforcement (including inability to present case, tribunal misconduct, uncertainty of award, enforceability on the Mainland)
  3. 3 Whether the respondents acted in bad faith and abused process by delaying and failing to raise objections in arbitration

Ratio Decidendi

The summons to set aside the order granting leave to enforce the 2nd and 3rd arbitration awards was dismissed and struck out because (1) the application was out of time as to the 1st and 2nd respondents and no compelling reason or proper leave was given to extend time, (2) the summons was unsupported or belatedly supported by proper affidavits and disclosed no arguable grounds to set aside the awards, and (3) the respondents abused process and breached their duty of good faith by failing to raise objections in the arbitration and seeking to relitigate merits; accordingly the court enforced the awards and would have exercised its discretion to enforce even if a ground were established.

Court Disposition

Summons to set aside the order dismissed and struck out; leave to enforce the 2nd and 3rd arbitration awards maintained

Orders

  • Summons dismissed and struck out
  • Costs of the summons and costs of the applicant's strike out application to be paid by the respondents to the applicant on an indemnity basis