Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Challenge to award validity
  • 13 Nov 2008

    RE AFFLUENCE PICTURES LTD

    Citation
    RE AFFLUENCE PICTURES LTD
    Court
    Court of First Instance
    Case number
    HCCW12/2008

    The court held the CIETAC award was enforceable: there was no miscarriage of justice or real ground to doubt the award because the Company fully participated in arbitration and failed to raise the alleged defences there; the alleged oral collateral agreements and penalty argument were not credible and could have been raised earlier; the Company did not establish a genuine and serious cross-claim (it was delayed, supported by unreliable evidence and did not exceed the petition debt), therefore the winding-up petition succeeded and the Company was ordered to be wound up.