Read the full judgment text of HCCT 76/2021 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 30 December 2021 before Hon Mimmie Chan J.
Arbitration – enforcement of emergency relief granted by emergency arbitrator – whether arbitration agreement validly constituted by variation to Loan Agreement – variation clause requiring written instrument signed by all Parties – 5th Extension Letter signed only by GD and HY – absent signatures of all defined Parties including SD, AEHL and HYL – arbitration clause invalid – court reviews arbitrator’s jurisdiction – arbitrator correctly held jurisdiction, but court finds no valid arbitration agreement – Raja v Rubin not applicable due to express variation clause – details of Loan Agreement and multiple extensions – dispute resolution originally by Hong Kong courts – 5th Extension Letter introducing arbitration clause as purported variation – HY’s application to set aside Enforcement Order succeeds – costs ordered against GD.
Legal issues: Validity of Arbitration Agreement under Loan Agreement variation clause
Outcome: Application to set aside Enforcement Order allowed; Enforcement Order set aside due to invalid arbitration agreement.