Hong Kong Case Law: Decisions & Judgments

Topic

Enforcement of arbitration clause

Legal area

Court

3 Jul 2019

AIG INSURANCE HONG KONG LTD v. LYNN MCCULLOUGH AND ANOTHER

Citation

[2019] HKCFI 1649
Court

Court of First Instance
Case number

HCMP2216/2018

The court concluded the Miami proceedings constitute a common law bad faith tort claim brought by persons who are not parties to the D&O policy and are not, in substance, enforcing the policy so as to trigger the policy's arbitration clause; accordingly the ex parte anti-suit injunction restraining the McCulloughs from prosecuting the Miami action was not justified and was discharged.
24 May 2016

SEA POWERFUL II SPECIAL MARITIME ENTERPRISES (ENE) v. BANK OF CHINA LTD

Citation

SEA POWERFUL II SPECIAL MARITIME ENTERPRISES (ENE) v. BANK OF CHINA LTD
Court

Court of Appeal
Case number

CACV36/2016

The Court of Appeal dismissed the appeal: the judge did not err in law in refusing the anti-suit injunction where there was deliberate, inordinate and culpable delay by the plaintiff aimed at waiting for the arbitration limitation period to expire and where comity and the real risk of prejudice to the foreign courts and parties weighed against intervention. Delay and comity are linked and are relevant discretionary factors that can justify refusal of equitable relief even absent submission to the foreign court.
17 Apr 2015

EVER JUDGER HOLDING CO LTD v. KROMAN CELIK SANAYII ANONIM SIRKETI

Citation

EVER JUDGER HOLDING CO LTD v. KROMAN CELIK SANAYII ANONIM SIRKETI
Court

Court of First Instance
Case number

HCCT6/2015

On the evidence available on affidavit the buyers failed to prove shipowners had unclean hands; the established authorities require strong reasons to refuse an anti-suit injunction enforcing an arbitration clause and neither the existence of related Turkish proceedings nor the shipowners' jurisdictional challenge in Turkey nor delay amounted to such strong reasons; accordingly the Hong Kong court continued the interim anti-suit injunction subject to conditions (transfer/adequate mechanism for security and making arbitration record/award available to the Istanbul court).
22 Sept 2010

GUO XIN INTERNATIONAL LTD v. CHEUNG PING KWONG AND ANOTHER

Citation

GUO XIN INTERNATIONAL LTD v. CHEUNG PING KWONG AND ANOTHER
Court

Court of First Instance
Case number

HCA973/2010

There was a valid arbitration agreement in clause 12 of the AER and a genuine dispute as to whether the AER was supported by consideration and thus enforceable; since that dispute falls within the scope of the arbitration clause, the court must stay the proceedings and refer the issues to arbitration, leaving questions of enforceability and consideration to the arbitrator.
27 Jan 2000

GRAND EMPIRE HOLDINGS LTD. v. MARCO INTERNATIONAL (HK) LTD.

Citation

GRAND EMPIRE HOLDINGS LTD. v. MARCO INTERNATIONAL (HK) LTD.
Court

Court of First Instance
Case number

HCA14891/1999

Because both parties signed the detailed written sale agreement containing an unequivocal arbitration clause covering controversies relating to the contract goods, the plaintiff cannot avoid the clause by labelling the agreement a sham; questions of existence or applicability of the arbitration agreement fall to the arbitrators under Article 16 UNCITRAL Model Law and, absent proof the clause is null or inoperative, the court must stay proceedings and refer the matter to arbitration under Arbitration Ordinance Cap.341 s6.

Hong Kong Case Law

AIG INSURANCE HONG KONG LTD v. LYNN MCCULLOUGH AND ANOTHER

SEA POWERFUL II SPECIAL MARITIME ENTERPRISES (ENE) v. BANK OF CHINA LTD

EVER JUDGER HOLDING CO LTD v. KROMAN CELIK SANAYII ANONIM SIRKETI

GUO XIN INTERNATIONAL LTD v. CHEUNG PING KWONG AND ANOTHER

GRAND EMPIRE HOLDINGS LTD. v. MARCO INTERNATIONAL (HK) LTD.