27 Sept 2023
LINDE GMBH AND ANOTHER v. RUSCHEMALLIANCE LLC
- Citation
- [2023] HKCFI 2409
- Court
- Court of First Instance
- Case number
- HCCT19/2023
The Hong Kong court continued the anti-suit injunction: the arbitration agreement (HKIAC seat, Hong Kong law) is valid and covers the disputes; Article 248.1 of the Russian Procedural Code does not automatically displace a valid arbitration agreement; the Plaintiffs did not fail to disclose a material inability to satisfy an undertaking under Regulation 833; arbitration in Hong Kong is not futile or unjust, and fortification was not justified on the evidence.