Read the full judgment text of HCCT 1/2018 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 12 September 2018 before Hon Mimmie Chan J.
Arbitration law — Enforcement of arbitral awards — Setting aside of enforcement leave — Principle of non bis in idem — Notice of arbitration — Public policy — Adjournment pending foreign supervisory court decision. The Applicant sought enforcement in Hong Kong of a US$20 million arbitral award made by CIETAC in Mainland China. The Respondent applied to set aside enforcement leave, alleging lack of proper notice of arbitration, the award’s inconsistency with an earlier award, decision on matters beyond arbitral submission scope, and contravention of public policy. The Respondent’s Mainland application to set aside the award had realistic prospects of success based on non bis in idem and procedural objections. The court held the arbitration notice was properly served according to CIETAC rules and that internal handling within the Respondent's group did not constitute lack of notice. Recognizing the pending Mainland supervisory court decision, the court adjourned the setting aside application for six months conditional on the Respondent paying security of US$2 million into court within 28 days, balancing fairness and preventing delay. Failure to comply would lead to dismissal of the setting aside application. Costs of adjournment application were reserved to the main proceedings.
Legal issues: Enforcement of arbitral award and adjournment of setting aside application · Non bis in idem and scope of arbitration · Notice of arbitration and procedural fairness
Outcome: The Setting Aside Application is adjourned for six months on condition that Respondent pays US$2 million into court within 28 days, failing which the Setting Aside Application will be dismissed.
Cited by 1 case · Cites 1 case