11 Jun 2009
厦門新景地集團有限公司 formerly known as 厦門市鑫新景地房地產有限公司 v. ETON PROPERTIES LTD AND ANOTHER
- Citation
- 厦門新景地集團有限公司 formerly known as 厦門市鑫新景地房地產有限公司 v. ETON PROPERTIES LTD AND ANOTHER
- Court
- Court of Appeal
- Case number
- CACV197/2008
The court held that at the registration stage under the Arbitration Ordinance the court must act mechanistically and cannot refuse enforcement on the basis of alleged impossibility of performance; the appellants failed to establish impossibility (and any impossibility was self‑inflicted by restructuring); the court has no jurisdiction to remit the matter to CIETAC under the Ordinance; accordingly the appeals were dismissed and the registration/enforcement order upheld.