Read the full judgment text of HCCT 31/2019 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 5 September 2019 before Hon Mimmie Chan J.
Arbitration — Construction and Arbitration Proceedings — Application to set aside arbitral award for alleged invalid arbitration agreement and public policy breaches — Whether Defendant was true party to Service Agreement or agent for third party — Arbitration agreement held valid as Defendant signed in personal capacity or was entitled to enforce contract even if agency established — Public policy ground for setting aside award rejected as unmeritorious — Order for security for costs granted due to Plaintiff's overseas status and lack of Hong Kong assets — No security for enforcement pending substantive hearing due to absence of enforcement risk during short delay — Plaintiff’s challenge to award not manifestly valid or invalid — Application for security for costs ordered HK$500,000, payable within 7 days — Court balanced enforcement interests with fairness and absence of asset dissipation risk — Substantive setting aside hearing scheduled for 23 September 2019.
Legal issues: Validity of the arbitration agreement between the parties · Setting aside the award on public policy grounds · Application for security for costs · Application for security for the enforcement of the Award pending setting aside hearing
Outcome: The Plaintiff’s application to set aside the Awards was not decided on the merits in this hearing; the request for security for costs was granted. No security was ordered pending the substantive hearing for enforcement of the Award.
Cited by 8 cases · Cites 1 case