Read the full judgment text of HCCT 46/2020 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 2 February 2021 before Hon Mimmie Chan J.
Arbitration Enforcement — Stay of enforcement — Cross-claims and set-off in arbitration awards — Whether to stay enforcement of S Award pending determination of G's new arbitration claim — Test for stay requiring special circumstances and manifest injustice — Cross-claims must be closely connected to original claim — S and G in dispute over distributorship agreements with separate awards — G’s New Arbitration claim for damages following termination held not sufficiently connected or justifying stay — S entitled to enforce valid arbitral award without undue delay — Costs claims not yet liquidated and insufficient for set-off — Security and payments held do not overly prejudice parties — Stay of enforcement declined and costs ordered against G.
Legal issues: Whether to grant a stay of enforcement of the S Award
Outcome: Stay of enforcement of the S Award declined; costs of the Stay Application ordered to be paid by G.
Cited by 1 case · Cites 2 cases