Hong Kong Case Law: Decisions & Judgments

Topic

Arbitral jurisdiction

Legal area

Court

20 Sept 2024

CMBICDHAW INVESTMENTS LTD v. CDH FUND V LTD PARTNERSHIP AND OTHERS

Citation

[2024] HKCA 882
Court

Court of Appeal
Case number

CACV172/2023

Leave to appeal was refused because the questions advanced were not of great general or public importance but were fact‑specific applications of settled principles: the Court concluded there was no arguable general point that a dispute existed for arbitral jurisdiction in the circumstances described; the public policy threshold to render the negative declaration an abuse was not met; accordingly no proper basis for CFA guidance existed and costs were ordered against the appellants.
10 Jul 2024

CMBICDHAW INVESTMENTS LTD v. CDH FUND V LTD PARTNERSHIP AND OTHERS

Citation

[2024] HKCA 516
Court

Court of Appeal
Case number

CACV172/2023

The Court dismissed the appeal and upheld the High Court's setting aside of the impugned parts of the Award because at the time the arbitration was commenced there was no dispute between CMB and Fund/Cattle that fell within the arbitration clause; the Arbitrator conflated jurisdiction with merits and granted a negative declaration where no liability had been asserted, and parts of the Award constituted an abuse of process and conflicted with Hong Kong public policy.
27 Dec 2018

CHU KONG v. LAU WING YAN AND OTHERS

Citation

[2018] HKCA 1010
Court

Court of Appeal
Case number

CACV105/2018

The Court of Appeal held that the arbitration clause incorporated into the Supplemental Agreement is valid and covers the disputes; factual questions about the 3rd defendant's actual or apparent authority and the 4th defendant's knowledge make the disputes between the plaintiff/the Company and the 4th defendant substantive rather than nominal; and the plaintiff's potential locus difficulties in commencing arbitration derivatively do not render the arbitration agreement incapable of being performed; accordingly the mandatory stay under s20(1) must be granted and the action against the 4th defe…
30 Jul 2018

T v. A AND ANOTHER

Citation

[2018] HKCFI 1756
Court

Court of First Instance
Case number

HCCT57/2017

The court determined that the Subrogation Form, viewed under PRC law as the proper law of that document, effected an assignment of T's rights to A while expressly preserving an assistance/permission clause enabling proceedings in T's name where required; under English/Hong Kong law an equitable assignee pursuing assigned rights against the obligor normally must join the assignor or use the assignor's name where joinder is required; on that basis A had authority to commence the Hong Kong-seated arbitration in T's name and the Arbitral Tribunal has jurisdiction over T, therefore the originating…
29 Dec 2009

RONDABOSH INTERNATIONAL LTD v. CHINA PING AN INSURANCE (HONG KONG) CO LTD

Citation

RONDABOSH INTERNATIONAL LTD v. CHINA PING AN INSURANCE (HONG KONG) CO LTD
Court

Court of First Instance
Case number

HCA581/2009

Ping An unequivocally admitted liability leaving only quantum in dispute; that dispute falls within the Policy's arbitration clause, so the court must stay the action to arbitration and lacks jurisdiction to grant the interim payment sought.

Hong Kong Case Law

CMBICDHAW INVESTMENTS LTD v. CDH FUND V LTD PARTNERSHIP AND OTHERS

CMBICDHAW INVESTMENTS LTD v. CDH FUND V LTD PARTNERSHIP AND OTHERS

CHU KONG v. LAU WING YAN AND OTHERS

T v. A AND ANOTHER

RONDABOSH INTERNATIONAL LTD v. CHINA PING AN INSURANCE (HONG KONG) CO LTD