3 Aug 2018
THE EXPORT- IMPORT BANK OF CHINA v. TAIFENG TEXTILE GROUP CO LTD AND ANOTHER
- Citation
- [2018] HKCFI 1840
- Court
- Court of First Instance
- Case number
- HCMP3012/2015
The Court held that (1) a contractual clause will satisfy the MJREO definition of a 'choice of Mainland court agreement' if, properly construed in accordance with the governing law, it confers exclusive jurisdiction on Mainland courts even if it does not use the word 'exclusive'; (2) production of an original court certificate under s6(2)/Order71A is persuasive and creates a presumption of enforceability but is not the sole admissible proof — Order71A r3 is directory not mandatory; (3) s21M may cover applications made after foreign judgment where interim relief is needed to facilitate enforce…