Read the full judgment text of HCCT 66/2020 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 19 October 2020 before Deputy High Court Judge Sit, SC.
Construction and Arbitration Proceedings — Joint venture dispute involving multiple plaintiffs and defendant over PRC company — Existence of arbitration agreement referring disputes to HKIAC under Hong Kong Arbitration Ordinance applying PRC substantive law — Defendant commenced PRC court proceedings challenging arbitration agreement validity and initiating loan recovery and share pledge enforcement — Plaintiffs commenced arbitration and sought interim anti-suit injunction in Hong Kong to restrain PRC proceedings — Court determined arbitration agreement governed by Hong Kong law and administered by HKIAC — Interim anti-suit injunction granted restraining defendant from prosecuting PRC proceedings in breach of arbitration agreement — Issues considered include scope of arbitration agreement covering disputes involving WFOEs not parties to JV agreements, principles of construction of arbitration clauses, substituted service on defendant's Hong Kong lawyers, and jurisdiction for interim injunction under section 45 Arbitration Ordinance — Recent UK Supreme Court authority on governing law of arbitration agreements applied — Costs reserved.
Legal issues: Jurisdiction and governing law of arbitration clause · Granting interim anti-suit injunction restraining PRC proceedings (89 Proceedings) · Scope of arbitration agreement covering WFOE Proceedings · Order for substituted service on defendant's Hong Kong lawyers
Outcome: Interim anti-suit injunction granted against defendant restraining PRC court proceedings (89 and WFOE Proceedings); substituted service on defendant's Hong Kong lawyers granted; costs reserved
Cited by 1 case · Cites 3 cases