Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Arbitral immunity

Legal area

Court

31 Jul 2023

SONG LIHUA v. LEE CHEE HON (FORMER NAME: QUE WENBIN)

Citation

[2023] HKCFI 1954
Court

Court of First Instance
Case number

HCCT111/2022

An arbitrator performing adjudicative functions is immune from being compelled by the Hong Kong Court to give evidence about the exercise of those functions absent fraud or bad faith; accordingly the Court will not issue a letter of request to compel the arbitrator QF to give evidence and will refuse the request for limited evidence from the tribunal secretary as disproportionate and unnecessary for the setting aside application.
8 Jul 2021

ARJOWIGGINS HKK2 LTD v. SHANDONG CHENMING PAPER HOLDINGS LTD

Citation

[2021] HKCFI 1877
Court

Court of First Instance
Case number

HCCT53/2015

The court held that the Sum held by HKIAC was an attachable debt for the purposes of RHC Order 49 r1; statutory arbitral immunity under s105(1) AO did not preclude garnishee proceedings in respect of a ministerial order to return funds where HKIAC did not assert immunity or dishonesty; pursuing a winding-up petition concurrently with garnishee enforcement did not constitute abuse of process in the circumstances; there was no failure of full and frank disclosure material to the ex parte order; accordingly Chenming's summons was dismissed and the Nisi Order was made absolute.