Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Setting aside enforcement leave

Legal area

Court

25 Jun 2019

OUE LIPPO HEALTHCARE LTD v. DAVID LIN KAO KUN

Citation

[2019] HKCFI 1630
Court

Court of First Instance
Case number

HCCT4/2019

The court found the Original SPA and its arbitration clause valid and binding, that the defendant was properly served (Shanghai address and email) and voluntarily absented himself from the SIAC arbitration, and that the award was within the arbitrator's scope; accordingly the defendant failed to discharge the burden to set aside enforcement leave, the set aside application was dismissed, the Enforcement Order made final, the Mareva injunction was continued and indemnity costs were awarded to the plaintiff.
23 Feb 2017

U v. A AND OTHERS

Citation

U v. A AND OTHERS
Court

Court of First Instance
Case number

HCCT34/2016

The court held the respondents were afforded a fair hearing despite the arbitrator declining to admit the Fuzhou judgment; the tribunal's determination that the PAC and addenda were effective and that the claim to appoint the chairman fell within the scope of the reference was within the arbitrator's jurisdiction and not reviewable on enforcement; enforcement would not offend Hong Kong public policy and it would not be just to refuse enforcement on grounds based on PRC law or forum non conveniens; material non-disclosure and payment arguments did not vitiate the ex parte leave to enforce.