10 Jul 2024
CMBICDHAW INVESTMENTS LTD v. CDH FUND V LTD PARTNERSHIP AND OTHERS
- Citation
- [2024] HKCA 516
- Court
- Court of Appeal
- Case number
- CACV172/2023
The Court dismissed the appeal and upheld the High Court's setting aside of the impugned parts of the Award because at the time the arbitration was commenced there was no dispute between CMB and Fund/Cattle that fell within the arbitration clause; the Arbitrator conflated jurisdiction with merits and granted a negative declaration where no liability had been asserted, and parts of the Award constituted an abuse of process and conflicted with Hong Kong public policy.