Read the full judgment text of HCCT 35/2019, HCCT 36/2019 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 10 August 2020 before Hon Mimmie Chan J.
Enforcement of arbitration awards — Arbitration Ordinance (Cap 609) ss. 84 and 92(1)(b) — Hadkinson Order — Court’s discretion in enforcement and security orders — Leave to appeal refusal — The applicant sought enforcement of arbitration awards made by the China International Economic and Trade Arbitration Commission. The respondents, including Zhang Lan and related companies, contested the enforcement, seeking to set aside enforcement orders. The court imposed a Hadkinson Order on Zhang and security against respondents as a condition for adjourning their summons. The respondents sought leave to appeal the decision dated 23 April 2020, arguing the discretion was wrongly exercised and that the awards were invalid. The court held that the discretion was exercised within judicial bounds, with no error of law or factual misapprehension. It further held that alleged defects in the arbitration tribunal and delays did not undermine enforcement orders or justify setting aside the Hadkinson Order. The respondents failed to establish reasonable prospects of success or other interests of justice warranting leave. Consequently, leave to appeal was refused with costs against the respondents.
Legal issues: Discretion to grant Hadkinson Order and security · Whether delay and alleged invalidity affect Enforcement Order security
Outcome: Leave to appeal refused; costs awarded against respondents
Cited by 3 cases · Cites 1 case