Read the full judgment text of HCCT 19/2021 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 5 March 2021 before Hon K Yeung J in Chambers.
Construction and arbitration — Section 45(2) Arbitration Ordinance application for interim interim injunction in aid of proposed SIAC arbitration — Dispute over joint venture agreement's Reserved Matters requiring unanimous shareholder consent — Alleged unauthorized approval of Reserved Matters by self‑styled "interim President" without consent — Court declined interim injunction as arbitration not yet commenced and applicant’s right to commence arbitration disputed — Lack of urgency and staleness of dispute with no specific harm shown — Multiple prior related proceedings withdrawn or ongoing without interim relief — Balancing fairness against potentially prejudicing defendants by injunction pending uncertain litigation outcome — Court directed substantive hearing on summons. Legal representatives: Onwel by Paul Shieh SC (Linklaters); D1 by John Hui (Fangda Partners); D2 unrepresented.
Legal issues: Application for interim interim injunction under section 45(2) of Arbitration Ordinance
Outcome: Application for interim interim injunction declined
Cites 1 case