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Hong Kong decisions
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The District Court granted possessory title by adverse possession over the Lots, rejected illegality and public policy defences, and dismissed the counterclaim.
Court dismissed challenges to an HKIAC partial award and costs award, holding the EDP procedure was fairly invoked and the fees award was not unfair.
The Court of Appeal refused leave to appeal and a stay against a Hadkinson order made in arbitration set-aside proceedings, upholding the judge’s discretion and awarding costs.
The Court of First Instance dismissed a guarantor’s bid to set aside enforcement of a Shenzhen arbitral award, rejecting arguments on procedure, fair hearing, and public policy.
The Court ordered partial security of US$600,000 and adjourned the setting-aside application, rejecting immediate enforcement but not accepting WI’s fraud case on brief review.
The Court dismissed a challenge to enforcement of a Mainland arbitral award, holding that no refusal ground under s 95 of the Arbitration Ordinance was made out.
The court dismissed an application to set aside HKIAC arbitral awards, holding there was no denial of a fair opportunity to present the case and no public policy breach.
The Court held that PO7 was not an arbitral award and that s66(2) did not let LT set aside the Settlement Agreement under s81; it also found the agreement non-binding for lack of authority.
The Court of First Instance dismissed a bankruptcy petition, holding that the dispute fell within a broad arbitration clause and should be resolved by arbitration.
The court dismissed CNG’s challenge to the presiding arbitrator and also dismissed its bid to set aside the fourth partial final award.
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