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 in Chambers.
Arbitration enforcement — Hadkinson Order — Leave to appeal — Court’s discretion — Section 84 and 92(1)(b) Arbitration Ordinance (Cap 609) — Order 73 rule 10 Rules of the High Court (Cap 4A) — The Respondents challenged the Decision granting a Hadkinson Order against Zhang Lan and security for enforcement of arbitration awards made by the China International Economic and Trade Arbitration Commission dated 28 April 2019. The Court exercised its discretion in granting the Hadkinson Order and security, considering the Respondents’ application to set aside enforcement orders and the merits of the underlying arbitration awards. The Court found that there was no misapplication of the law, no misapprehension of facts, and that the Respondents had no reasonable prospects of success on appeal, particularly given Zhang’s failure to pursue appeals against the Committal Order and the insignificant assets disclosed under injunctions relative to the awards. The Court therefore refused leave to appeal, with costs. This case illustrates the limited scope of appellate interference with discretionary decisions in arbitration enforcement and procedural security settings in the Court of First Instance.
Legal issues: Whether leave to appeal should be granted against the Decision granting Hadkinson Order and security
Outcome: Refusal of leave to appeal against the Decision granting the Hadkinson Order and security
Cited by 2 cases · Cites 1 case