Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Service of notice of arbitration

  • 23 Aug 2023

    G v. P

    Citation
    [2023] HKCFI 2173
    Court
    Court of First Instance
    Case number
    HCCT110/2022

    The Supplemental Agreement constituted a valid arbitration agreement because the lender's option to arbitrate, once exercised, bound the borrower; however the Award showed notice was given to a different email address than that specified in the Supplemental Agreement and there was no evidence the respondent had confirmed or used that alternative address, so the Notice of Arbitration was not properly served, the respondent lacked a reasonable opportunity to present his case, and the Enforcement Order was set aside under section 86(1)(c)(i) and (ii).

  • 18 Feb 2021

    AB v. CD

    Citation
    [2021] HKCFI 327
    Court
    Court of First Instance
    Case number
    HCCT27/2020

    The court found AB Engineering is a separate legal entity from AB Bureau and therefore was not a party to the Agreement or bound by its arbitration clause; Procedural Order No 2 effecting an amendment to treat the respondent as AB Engineering did not cure the absence of a proper arbitration agreement or proper notice to AB Engineering; accordingly the tribunal lacked jurisdiction and the Award was set aside under Article 34(2)(a)(i) and (ii); estoppel did not apply because AB Engineering did not participate and there was no clear unequivocal representation of submission to the arbitration.