Read the full judgment text of CACV 164/2024 on BabelCite. This 高等法院上訴法庭 judgment was delivered on 19 July 2024 before Hon Kwan VP, Barma JA.
Arbitration Ordinance (Cap. 609) - Residual jurisdiction of the Court of Appeal to set aside refusal of leave to enforce arbitral award by the Court of First Instance - Whether residual jurisdiction applies only in extreme cases where refusal decision is tainted by unfairness or substantial defect - Court reaffirmed residual jurisdiction sets a high threshold and does not substitute merits-based appeal. Enforcement of arbitral award granted by CIETAC tribunal upheld despite appellant's contention on differences in interest provisions between original and new award following re-arbitration in Mainland China. Stay of execution pending appeal refused due to lack of reasonable prospects. Appellant ordered to pay costs of application assessed at $741,930 on indemnity basis.
Legal issues: Residual jurisdiction of Court of Appeal to set aside refusal of leave · Stay of execution pending appeal
Outcome: Stay Summons dismissed; 1st Respondent ordered to pay Applicant's costs
Cited by 1 case · Cites 3 cases