Read the full judgment text of HCCT 37/2011 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 15 November 2011 before HonAu J.
Arbitration Ordinance (Cap 609) — s.86 application to set aside enforcement of arbitral award — Whether Respondents were given proper notice of arbitration — Whether dispute fell within arbitration clause scope — Whether other grounds to set aside Award — Respondents failed to establish any valid grounds. The Applicant sold shares to the 1st Respondent, guaranteed by the 2nd Respondent, under a Purchase Agreement governed by Hong Kong law containing arbitration clause. The Respondents failed to pay the balance sum and failed to appear at arbitration. The Award was obtained and enforced ex parte. Respondents applied to set aside enforcement on grounds of improper notice and that Award dealt with matters outside arbitration scope. The court held that notice properly given by service at agreed address and fax; the arbitration clause covered the dispute including validity issues; and no other grounds existed. Application dismissed with costs.
Legal issues: Proper notice of arbitration · Scope of arbitration clause · Other grounds for setting aside the Award
Outcome: Respondents’ application to set aside the Enforcement Order dismissed with costs.
Cited by 1 case