Read the full judgment text of HCCT 53/2015 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 19 January 2018 before Hon Mimmie Chan J.
Arbitration—enforcement—anti-suit injunction—derivative actions—arbitration clause scope—parallel Mainland proceedings—winding up petition—conduct of parties—expert evidence application—The 2015 arbitral Award in favour of ARJOWIGGINS HKK2 LIMITED was enforced by the Hong Kong Court against SHANDONG CHENMING PAPER HOLDINGS LIMITED which refused payment and initiated parallel Mainland legal proceedings against the Claimant and its representative, Mr Tong. The Respondent's Mainland claims, framed as derivative claims on behalf of a JV Company, were found to fall within the arbitration clause in the JV Contract. The Court granted an injunction restraining the Respondent and Tong from pursuing the Mainland proceedings, holding that the claims were bound by arbitration and the Tribunal's findings precluded relitigation. The Court emphasized the Respondent's unethical conduct and refusal to comply with Court orders justified the injunction. The application to admit late expert evidence was refused due to delay and prejudice to the Claimant. Costs awarded to Claimant on indemnity basis with certificate for two counsel.
Legal issues: Scope of arbitration agreement for derivative claims · Whether injunction should restrain proceedings against Tong · Grant of injunction and unconscionable conduct · Admission of further expert evidence
Outcome: The injunction sought by the Claimant against the Respondent and Tong is granted; Respondent’s application to file further expert evidence is dismissed.
Cites 3 cases