Read the full judgment text of HCCT 7/2018 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 7 January 2019 before Hon Mimmie Chan J.
Arbitration enforcement — Arbitration Ordinance (Cap 609) s 95 — Application to refuse enforcement of arbitral award — Grounds for refusal not established — Award not set aside or suspended — Prior 6-month stay of execution expired — No imminent judgment affecting payment entitlement — Speculative foreign exchange concerns rejected — Set off raised by third party HH on Mainland — No justification for further stay — Application dismissed with costs to CZ. The court emphasised the importance of upholding judgment creditor rights absent clear legal grounds for delay. Costs ordered against unsuccessful applicant.
Legal issues: Enforcement of arbitral award under s 95 Arbitration Ordinance · Whether to grant further stay of execution of the arbitral award
Outcome: Application for further stay of execution dismissed; costs to be paid by CZ
Cited by 1 case · Cites 1 case