U v. A AND OTHERS

U v. A AND OTHERS

The court held the respondents were afforded a fair hearing despite the arbitrator declining to admit the Fuzhou judgment; the tribunal's determination that the PAC and addenda were effective and that the claim to appoint the chairman fell within the scope of the reference was within the arbitrator's jurisdiction...

Source-derived case information.

Citation
U v. A AND OTHERS
Parties
Applicant: U; 1st Respondent: A; 2nd Respondent: 2nd Respondent; 3rd Respondent: 3rd Respondent; 4th Respondent: 4th Respondent
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
23 February 2017
Case Number
HCCT34/2016
Procedural Posture
Enforcement of Arbitration Award / Application to Set Aside Leave to Enforce and Application for Supplemental Order (decision)
Outcome
Application to set aside the order granting leave to enforce dismissed; supplemental order granted in terms of applicant's summons; interlocutory strike out application dismissed.
Legal Topics
Recognition and Enforcement of Arbitral Awards, Setting Aside Enforcement Leave, Scope of Arbitration Reference, Public Policy Defence to Enforcement, Forum Non Conveniens, PRC Contract Approval/registration
Source Language
en
Arbitration Enforcement Contract Law Public Policy Private International Law Recognition and Enforcement of Arbitral Awards Setting Aside Enforcement Leave Scope of Arbitration Reference +3 more

Source-derived case record

Summary, issues, holding and outcome

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Parties

U

Applicant

A

1st Respondent

2nd Respondent

2nd Respondent

3rd Respondent

3rd Respondent

4th Respondent

4th Respondent

Procedural Posture

Enforcement of Arbitration Award / Application to Set Aside Leave to Enforce and Application for Supplemental Order (decision)

Legal Issues

  1. 1 Whether respondents were unable to present their case because the arbitrator refused to admit the Fuzhou judgment as evidence
  2. 2 Whether the award decides matters beyond the scope of the submission (appointment of chairman)
  3. 3 Whether enforcement of the award is contrary to Hong Kong public policy

Ratio Decidendi

The court held the respondents were afforded a fair hearing despite the arbitrator declining to admit the Fuzhou judgment; the tribunal's determination that the PAC and addenda were effective and that the claim to appoint the chairman fell within the scope of the reference was within the arbitrator's jurisdiction and not reviewable on enforcement; enforcement would not offend Hong Kong public policy and it would not be just to refuse enforcement on grounds based on PRC law or forum non conveniens; material non-disclosure and payment arguments did not vitiate the ex parte leave to enforce.

Court Disposition

Application to set aside the order granting leave to enforce dismissed; supplemental order granted in terms of applicant's summons; interlocutory strike out application dismissed.

Orders

  • The application by the 1st and 3rd Respondents to set aside the Order under s 84 of Cap 609 is dismissed
  • Costs of the application to set aside to be paid by the 1st and 3rd Respondents on an indemnity basis