Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Collateral attack on arbitration award

Legal area

Court

30 Nov 2010

PARAKOU SHIPPING PTE LTD v. JINHUI SHIPPING AND TRANSPORTATION LTD AND OTHERS

Citation

PARAKOU SHIPPING PTE LTD v. JINHUI SHIPPING AND TRANSPORTATION LTD AND OTHERS
Court

Court of Appeal
Case number

CACV225/2010

The Court refused the stay because the plaintiff failed to demonstrate good prospects of success on appeal and the directions/undertakings and possibility for the plaintiff to pay sums into court provided sufficient protection; weight was given to the learned trial judge's (Reyes J) assessment that the Hong Kong proceedings were an abuse of process as a collateral attack on the arbitration award.
30 Sept 2010

PARAKOU SHIPPING PTE LTD v. JINHUI SHIPPING AND TRANSPORTATION LTD AND OTHERS

Citation

PARAKOU SHIPPING PTE LTD v. JINHUI SHIPPING AND TRANSPORTATION LTD AND OTHERS
Court

Court of First Instance
Case number

HCAJ184/2009

The claim was struck out because permitting Parakou to litigate against the Defendants would be a collateral attack on the London arbitration award; the Defendants are privies of Galsworthy, the issues in the Hong Kong action substantially duplicate fundamental findings of the arbitration (including ratification by Parakou), and permitting re‑litigation would cause manifest unfairness and bring the administration of justice into disrepute, so the abuse of process jurisdiction requires dismissal.