15 Apr 2016
廈門新景地集團有限公司 formerly known as 廈門市鑫新景地房地產有限公司 v. ETON PROPERTIES LTD AND OTHERS
- Citation
- 廈門新景地集團有限公司 formerly known as 廈門市鑫新景地房地產有限公司 v. ETON PROPERTIES LTD AND OTHERS
- Court
- Court of Appeal
- Case number
- CACV158/2012
The Court of Appeal held that (1) a common law action on a foreign arbitral award is maintainable in Hong Kong and the court has jurisdiction to award damages for breach of the implied promise to honour the award (governed by lex fori), (2) the plaintiff must elect between the statutory judgment entered under the Arbitration Ordinance and pursuing damages in common law but the plaintiff had not made an informed irrevocable election because the restructure was undisclosed, and (3) the pleaded economic torts (inducing breach and unlawful means conspiracy) and the constructive trust claim failed…