Hong Kong Case Law: Decisions & Judgments

Topic

Scope of arbitration clause

Legal area

Court

26 Sept 2025

SOREMI INVESTMENTS LTD v. CHINA NATIONAL GOLD GROUP HONG KONG LTD AND ANOTHER

Citation

[2025] HKCFI 4514
Court

Court of First Instance
Case number

HCA797/2025

The SHA was a contractual document regulating the relationship between the two shareholders (CNG and Global); SIL was a non‑transacting party named to give effect to shareholder arrangements. The substance of SIL's claims is misappropriation and breaches of equitable/fiduciary duties by directors and associated torts, not disputes arising out of or relating to the SHA. CNG failed to establish a prima facie case that the arbitration clause in clause 13.17 covers those disputes; accordingly no stay under s20(1) was warranted and the summons for a stay was dismissed.
18 Mar 2025

PI 1 & PI 2 v. MR

Citation

[2025] HKCFI 1110
Court

Court of First Instance
Case number

HCCT100/2024

The court dismissed the plaintiffs' application and held that the arbitral tribunal has jurisdiction: claims alleging unfairly oppressive or discriminatory conduct and loss of trust and confidence are arbitrable where they arise out of or relate to the Transaction Agreements; Family-Mart requires that such precursor factual and mixed fact-law issues be decided by the tribunal while recognizing the court's exclusive power to grant winding-up or buy-out relief.
29 Dec 2023

G v. N

Citation

[2023] HKCFI 3366
Court

Court of First Instance
Case number

HCCT28/2023

Where an award denies relief because of illegality the supervisory court must assess whether enforcing the award would now conflict with Hong Kong public policy as currently understood (Patel/Monat); errors by a tribunal in characterising public policy may justify suspension and remission under Article 34(4) rather than immediate setting aside; however contractual limits on remedies (clause 6.10(e)) are matters of construction and not jurisdictional if not timely pleaded, so that ground for setting aside was dismissed.
16 Feb 2023

LI WENJUN v. CHEN CHUNHUI AND ANOTHER

Citation

[2023] HKCFI 405
Court

Court of First Instance
Case number

HCA1151/2021

The court construed Clause 14.1 under PRC law as limited to disputes arising from a party's failure to perform contractual obligations and held tortious claims in this action fall outside the Clause; the defendant failed to establish a prima facie case that the dispute is arbitrable under the Clause and, in any event, waived the right to arbitrate by conduct (defending on the merits, applying for and agreeing security for costs, and not objecting to the amendment), so the stay under s.20 was refused.
22 Nov 2021

CHINA EUROPE INTERNATIONAL BUSINESS SCHOOL v. CHENGWEI EVERGREEN CAPITAL LP (formerly known as CHENGWEI VENTURES EVERGREEN FUND LP) AND OTHERS

Citation

[2021] HKCFI 3513
Court

Court of First Instance
Case number

HCCW12/2021

The Court held the substance of the disputes in the petition fall within the scope of the broad arbitration clauses in the 2007 Agreements; the Company had a sufficient interest to seek a stay; petitioner failed to discharge the burden to show why arbitration should not be enforced; undertakings from third parties removed prejudice concerns; accordingly the petition was stayed pending determination of the arbitration, with liberty to restore and costs ordered against petitioner.
24 Aug 2020

CHEUNG SHING HONG LTD v. CHINA PING AN INSURANCE (HONG KONG) CO LTD

Citation

[2020] HKCFI 2269
Court

Court of First Instance
Case number

HCA1485/2019

On proper construction clause 14 of the Policy is apt to cover both liability and quantum; accordingly the dispute falls within the arbitration agreement and the court must grant a stay of the High Court proceedings in favour of arbitration.
10 Dec 2019

GIORGIO ARMANI SPA AND OTHERS v. ELAN CLOTHES CO LTD f/k/a DALIAN LES COPIOUS CLOTHES CO LTD

Citation

[2019] HKCFI 2983
Court

Court of First Instance
Case number

HCCT71/2018

The MA's definition of Affiliates and its express language mean Shanghai, HK and GA fall within the Parties bound by clause 13.1; disputes arising from, deriving from or regarding the MA, including tortious claims linked to the rebranding, are within the scope of the arbitration clause; Elan's institution of proceedings in Shandong amounted to a breach of the arbitration agreement; the Hong Kong Court was entitled to grant a declaration of breach, a permanent anti-suit injunction and interim measures notwithstanding the tribunal's pending joinder application and s45(4) did not require decline…
19 Jan 2018

ARJOWIGGINS HKK2 LTD v. SHANDONG CHENMING PAPER HOLDINGS LTD

Citation

[2018] HKCFI 93
Court

Court of First Instance
Case number

HCCT53/2015

The court held that the 2017 Mainland proceedings fall within the broad arbitration clause in the JV Contract and largely re-litigate matters already determined by the Tribunal; Tong was sufficiently connected to the contractual disputes such that the injunction should extend to him; accordingly an anti-suit injunction was granted against the Respondent and Tong, and the Respondent's late application to adduce further expert PRC law evidence was refused as untimely.
2 Jun 2015

THE INCORPORATED OWNERS OF HAMDEN COURT v. MEGA MILES CONSTRUCTION CO LTD

Citation

THE INCORPORATED OWNERS OF HAMDEN COURT v. MEGA MILES CONSTRUCTION CO LTD
Court

Court of First Instance
Case number

HCCT32/2014

The court held the IO's application was within the 30 day period from receipt of notice (received 9 June 2014; application dated 7 July 2014) and dismissed the challenge to the arbitrator's preliminary jurisdictional award because, on de novo review, although the Office Bearers lacked actual authority on the evidence to sign the Contract, they had ostensible/apparent authority to bind the IO; and the arbitration clause is broadly drafted and, on proper construction and applying Kompetenz-Kompetenz and separability, includes disputes as to the existence or binding effect of the Contract. There…
28 Jul 2014

T v. TS

Citation

T v. TS
Court

Court of First Instance
Case number

HCA2315/2012

The arbitration agreements in the contracts and the guarantee remained valid and operative because the disputes over the deposits and guarantee fell within the wide arbitration clauses; omission of the refund claim from the prior award did not discharge the arbitration agreement or render it inoperative, and accordingly the court must stay the proceedings and leave the matter to arbitration; costs awarded to defendants on an indemnity basis for resisting enforcement of a valid award/agreement.