Hong Kong Case Law: Decisions & Judgments

Topic

Enforcement of foreign arbitration award

Legal area

Court

26 May 2017

ISRAEL SORIN (IZZY) SHOHAT v. BALRAM CHAINRAI

Citation

ISRAEL SORIN (IZZY) SHOHAT v. BALRAM CHAINRAI
Court

Court of First Instance
Case number

HCCT9/2016

The Court holds it has jurisdiction to stay execution of an enforcement order equating an arbitration award with a judgment, but refused the stay on the facts because the Award Creditor held an unimpeachable award for a substantial sum, the Award Debtor had at most an arguable cross-claim, there would be substantial delay before resolution of that cross-claim and the security deposited was not sufficient to justify withholding enforcement.
10 Apr 2014

GRANT THORNTON INTERNATIONAL LTD AND OTHERS v. TANG CHUNG WAH AND ANOTHER

Citation

GRANT THORNTON INTERNATIONAL LTD AND OTHERS v. TANG CHUNG WAH AND ANOTHER
Court

Court of Appeal
Case number

CACV193/2013

Special circumstances for security were established: defendants admitted impecuniosity and have a consistent history of unpaid costs and judgments (including non-payment of an enforced arbitration award and taxed costs), no evidence of substantial enforceable assets in Hong Kong, and the practical difficulty and undue delay in enforcing costs justified security. The defendants failed to demonstrate countervailing factors sufficient to outweigh those circumstances. Accordingly security for costs in the sum of HK$250,000 was ordered and the appeal stayed pending lodgement; default renders the a…
25 Aug 2006

LAFARGE S.A. AND OTHERS v. CONTINENTAL CEMENT CORPORATION AND ANOTHER

Citation

LAFARGE S.A. AND OTHERS v. CONTINENTAL CEMENT CORPORATION AND ANOTHER
Court

Court of First Instance
Case number

HCCT33/2006

The court has jurisdiction to order further documentary disclosure after the commencement of an examination under Orders 48 and 49B; the commencement of oral examination does not preclude subsequent orders for production of documents that emerge as relevant during the examination and the rules must be construed purposively to allow such disclosure orders.
11 Oct 2001

CHONGQING MACHINERY IMPORT & EXPORT CO., LTD. v. YIU HOI AND OTHERS

Citation

CHONGQING MACHINERY IMPORT & EXPORT CO., LTD. v. YIU HOI AND OTHERS
Court

Court of First Instance
Case number

HCCT19/2001

The application to set aside the enforcement order was dismissed because the defendants failed to produce cogent evidence to impeach the arbitration agreement or demonstrate lack of jurisdiction, service, indebtedness or public policy breach; the Chongqing court had affirmed jurisdiction and the signatory issue, the forgery allegation was unsubstantiated, the defendants had ratified the contract by taking delivery and negotiating payments, and no actual conflict of interest was shown to justify refusal of enforcement.

Hong Kong Case Law

ISRAEL SORIN (IZZY) SHOHAT v. BALRAM CHAINRAI

GRANT THORNTON INTERNATIONAL LTD AND OTHERS v. TANG CHUNG WAH AND ANOTHER

LAFARGE S.A. AND OTHERS v. CONTINENTAL CEMENT CORPORATION AND ANOTHER

CHONGQING MACHINERY IMPORT & EXPORT CO., LTD. v. YIU HOI AND OTHERS