13 Jul 1994
CHINA NANHAI OIL JOINT SERVICE CORPORATION SHENZHEN BRANCH v. GEE TAI HOLDINGS CO. LTD.
- Citation
- CHINA NANHAI OIL JOINT SERVICE CORPORATION SHENZHEN BRANCH v. GEE TAI HOLDINGS CO. LTD.
- Court
- Court of First Instance
- Case number
- HCMP2411/1992
Though technically the Shenzhen arbitral tribunal lacked jurisdiction because the arbitrators were not on the Beijing list, the Defendant, having been aware of the issue, participated in the arbitration without raising the jurisdictional objection before the full tribunal or CIETAC Beijing and took no steps to challenge the tribunal in China; the Defendant is therefore estopped from invoking s.44(2)(e) and the court, exercising its residual discretion, enforces the award.