Hong Kong Case Law

13 Jun 2024

HONG KONG & CHINA GAS (JILIN) LTD v. SUN TIAN GANG

Citation

[2024] HKCFI 1597

Court

Court of First Instance

Case number

HCCT84/2023

The arbitration clause did not provide, expressly or by necessary implication, that arbitration under the agreement is a domestic arbitration within the meaning of section 100; therefore Schedule 2 (including the leave to appeal on questions of law) does not apply, the application for leave to appeal is dismissed, the setting aside application was not pursued and no ground was shown to refuse enforcement, and leave is granted to enforce the Award; costs awarded to respondent on an indemnity basis.

• Application of arbitration ordinance (cap.609) part 11 and schedule 2
• Domestic v international arbitration
• Leave to appeal on question of law under schedule 2
• Enforcement of arbitral award
• Interpretation of section 100 of the arbitration ordinance
• Principle of legality and access to court