18 Mar 2020
CHAMP PRESTIGE INTERNATIONAL LTD v. CHINA CITY CONSTRUCTION (INTERNATIONAL) CO LTD AND ANOTHER
- Citation
- [2020] HKCFI 355
- Court
- Court of First Instance
- Case number
- HCCW34/2018
The strike out application was dismissed because on a common-sense multi-factor assessment the Company had a sufficient connection with Hong Kong (management and ownership links) and the petition was not bound to fail on the pleaded case; the application to stay the petition to arbitration was refused because the complaints form a single continuing narrative, only some elements were governed by arbitration clauses and it was not clear that arbitral resolution would be central and determinative of the petition's factual issues (and the Framework Agreement likely superseded some prior obligatio…
- Just and equitable winding up
- Sufficient connection to forum
- Stay to arbitration
- Arbitrability
- Forum of incorporation vs situs of assets