Hong Kong Case Law: Decisions & Judgments

Topic

New york convention

Legal area

Court

2 Sept 2019

JEANNY HELENA FRANSLAY v. SY CHIN MONG STEPHEN AND OTHERS

Citation

[2019] HKCFI 2330
Court

Court of First Instance
Case number

HCCT38/2018

Although the applicants were partly to blame for withdrawing late and thus liable for costs of the appeals, the plaintiff's instruction of counsel on the material date (28 August 2019) was unreasonable given it was already clear the appeals would not be pursued; therefore costs are awarded against the 2nd and 3rd Defendants except the costs of instructing counsel.
3 Jun 2019

厦門新景地集團有限公司 formerly known as 厦門市鑫新景地房地產有限公司 v. Eton Properties Limited, Eton Properties (Holdings) Limited, Eton Properties Group Limited formerly known as Eton Properties (International) Limited, Legend Properties (Xiamen) Company Limited, a limited company incorporated in Hong Kong, Tan Lucio C

Citation

[2019] HKCFA 21
Court

Court of Final Appeal
Case number

FAMV6/2019

The Court of Final Appeal refused leave on questions that were fact-specific and well-settled in law, but granted leave on identified legal questions requiring authoritative clarification: (a) the required causation for the tort of inducing breach where the contracting party may have been predisposed to breach; (b) whether foreign governing law precludes Hong Kong property and trust rules transferring equitable title on agreement or specific performance; and (c) whether and how the jurisdiction of Hong Kong courts to enforce Mainland arbitral awards by common law action is affected by the sta…
18 Apr 2018

CHEN CHUANG XIN v. ZHAO BIN

Citation

[2018] HKCFI 961
Court

Court of First Instance
Case number

HCCT59/2017

Where the summons and affidavit disclose no arguable ground under section 95 of the Arbitration Ordinance, the court may dismiss the application to set aside at the first hearing; when leave to enforce a Mainland award is granted judgment can be entered only in terms of the award and the award remains enforceable in Hong Kong to the extent it is not fully satisfied, notwithstanding withdrawal of enforcement proceedings on the Mainland.
29 Mar 2017

ASTRO NUSANTARA INTERNATIONAL B.V. AND OTHERS v. PT AYUNDA PRIMA MITRA AND OTHERS

Citation

ASTRO NUSANTARA INTERNATIONAL B.V. AND OTHERS v. PT AYUNDA PRIMA MITRA AND OTHERS
Court

Court of Appeal
Case number

CACV272/2015

Leave to appeal was refused because the proposed grounds were not reasonably arguable and did not raise questions of great general or public importance; the CFI and CA correctly applied the law (Terna Bahrain is consistent with The Decurion), the fact the awards have not been set aside is a relevant factor in weighing an extension of time, and the two-stage approach under s 43 (as in Dardana) is correct for assessing production of an arbitration agreement; no exceptional circumstances justified leave; costs were awarded to Astro in the sum of $109,686.
25 Jan 2011

厦門新景地集團有限公司 formerly known as 厦門市鑫新景地房地產有限公司 v. ETON PROPERTIES LTD AND OTHERS

Citation

厦門新景地集團有限公司 formerly known as 厦門市鑫新景地房地產有限公司 v. ETON PROPERTIES LTD AND OTHERS
Court

Court of Appeal
Case number

CACV89/2010

Leave to appeal was refused because the questions did not raise matters of great general or public importance, were fact-sensitive to the specific case and were largely hypothetical or muddled, therefore leave under s22(1)(b) was not justified.
25 Jan 2011

厦門新景地集團有限公司 formerly known as 厦門市鑫新景地房地產有限公司 v. ETON PROPERTIES LTD AND OTHERS

Citation

厦門新景地集團有限公司 formerly known as 厦門市鑫新景地房地產有限公司 v. ETON PROPERTIES LTD AND OTHERS
Court

Court of Appeal
Case number

CACV88/2010

Leave to appeal was refused because the questions raised were not matters of great general or public importance, were fact-sensitive and to a large extent hypothetical, and one question was muddled; accordingly no leave was granted and the application was dismissed, with costs awarded to the respondent on an indemnity basis.
10 Feb 2010

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 Appeal
Case number

CACV373/2008

Majority held Hong Kong common law continues to recognise restrictive sovereign immunity; an application for leave to enforce a Convention award invokes the court's jurisdiction and thus impleads a foreign State; the DRC had not waived immunity from jurisdiction or from execution by submitting to ICC arbitration (especially as it is not party to the New York Convention); leave to enforce was granted and injunctive relief restored pending a remitted inquiry to determine whether the entry fees are DRC assets and whether they are intended for commercial use (and thus amenable to execution).
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.
20 Dec 2001

SOCIETE NATIONALE D\'OPERATIONS PETROLIERES DE LA COTE D\'IVOIRE - HOLDING v. KEEN LLOYD RESOURCES LTD.

Citation

SOCIETE NATIONALE D\'OPERATIONS PETROLIERES DE LA COTE D\'IVOIRE - HOLDING v. KEEN LLOYD RESOURCES LTD.
Court

Court of First Instance
Case number

HCCT55/2001

The defendant failed to prove the award was not binding because the French procedure was an application to set aside rather than an appeal on the merits; given the arbitration clause and ICC Rules treating awards as binding and the pro-enforcement bias of Hong Kong law, section 44(2)(f) did not apply and enforcement was permitted, so the defendant's summons was dismissed.
9 Feb 1999

HEBEI IMPORT & EXPORT CORPORATION v. POLYTEK ENGINEERING CO. LTD.

Citation

HEBEI IMPORT & EXPORT CORPORATION v. POLYTEK ENGINEERING CO. LTD.
Court

Court of Final Appeal
Case number

FACV10/1998

The Court allowed the appeal and restored enforcement because the respondent failed to prove inability to present its case or that enforcement would violate Hong Kong's fundamental notions of morality and justice; the respondent had notice of the expert report and opportunities to object, failed to raise timely objections in the arbitration and supervisory proceedings, and its conduct estopped or justified the enforcing court in exercising its discretion to enforce the award; alleged communications at the inspection did not amount to actual or sufficiently grave apparent bias to meet the high…