Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Arbitration ordinance cap.341

Legal area

Court

22 Oct 2008

FG HEMISPHERE ASSOCIATES LLC v. DEMOCRATIC REPUBLIC OF THE CONGO AND OTHERS

Citation

FG HEMISPHERE ASSOCIATES LLC v. DEMOCRATIC REPUBLIC OF THE CONGO AND OTHERS
Court

Court of First Instance
Case number

HCMP928/2008

Order 73, which specifically governs the enforcement of arbitration awards (including New York Convention awards), takes precedence over Order 23; therefore the court did not have jurisdiction to grant the 1st defendant's application for security for costs in these enforcement proceedings and the application was dismissed.
5 Jan 2000

EXECUTIVE SEARCH INTERNATIONAL LTD. v. RAY & BERNDTSON LTD.

Citation

EXECUTIVE SEARCH INTERNATIONAL LTD. v. RAY & BERNDTSON LTD.
Court

Court of First Instance
Case number

HCCL218/1999

The court reluctantly granted a stay under Article 8 but refused the plaintiff's application for interim injunctive relief: statutory interim jurisdiction under section 2GC is properly read as relating to an existing 'particular arbitration proceeding' and absent that the court may only exercise its inherent jurisdiction cautiously; interim relief in support of foreign arbitration requires a high threshold of 'serious and irreparable damage' which the plaintiff failed to prove on these facts.