Read the full judgment text of HCCT 58/2021 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 12 March 2024 before Deputy High Court Judge Reyes SC.
Enforcement of Mainland arbitration award; stay of Enforcement Order pending setting aside proceedings in foreign court; inherent jurisdiction of Hong Kong court to regulate execution of its orders including suspension of enforcement; abuse of process allegations rejected where prior applications addressed distinct issues; grant of stay balanced against security lodged and potential irrecoverability if enforcement proceeds prematurely; stay limited to decision on leave to appeal due to statutory restrictions on appeal rights under Arbitration Ordinance (Cap 609) Section 84. Large sum secured exceeding disputed amount supports stay in this case where respondent alleged impecuniosity. Stay granted pending Beijing Court's determination of setting aside application or refusal of leave to appeal in Hong Kong. Costs reserved.
Legal issues: Inherent jurisdiction to grant stay of Enforcement Order · Abuse of process in making repeated stay applications · Whether to grant a stay pending the Beijing Court setting aside proceedings
Outcome: Grant of stay of the Enforcement Order pending the earlier of the setting aside proceedings outcome before the Beijing Court or dismissal of leave to appeal application by this court
Cites 3 cases