Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Enforcement of emergency arbitrator award
  • 30 Dec 2021

    GD v. HY

    Citation
    [2021] HKCFI 3900
    Court
    Court of First Instance
    Case number
    HCCT76/2021

    Clause 15 of the Loan Agreement required any amendment or variation to be in writing signed by the Parties as defined (GD, HY, SD, AEHL and HYL). The 5th Extension Letter, containing the arbitration clause, was not signed by all defined Parties and therefore did not validly vary the dispute resolution clause; consequently there was no valid arbitration agreement between GD and HY and the Enforcement Order based on the Emergency Award was set aside.