18 May 2023
廈門新景地集團有限公司 formerly known as 廈門市鑫新景地房地產有限公司 v. ETON PROPERTIES LTD AND ANOTHER
- Citation
- [2023] HKCFI 1327
- Court
- Court of First Instance
- Case number
- HCCT98/2022
The court refused to grant the wide anti-arbitration injunction sought. It held that the New Arbitration, insofar as it pursues termination under PRC law (Article 580) and other issues arising under the Agreement, is within the defendants' rights to submit to arbitration and is not by itself vexatious. However, the court granted a limited injunction restraining the defendants from pursuing in the New Arbitration any claim or assertion that the Plaintiff's damages claim in HCCL 13 is in substance a claim for breach of the Agreement and/or that assessment of those damages should be determined u…