Read the full judgment text of HCCT 73/2010 on BabelCite. This COURT OF FIRST INSTANCE judgment was delivered on 28 February 2012 before Mr Recorder Shieh SC.
Enforcement of Mainland arbitration awards under Arbitration Ordinance (Cap 609) s 40B — Whether assignee who was not an original party or beneficiary under the award has locus standi to enforce — Court holds enforcement governed by s 40B(1) is not limited to persons between whom award was made, enabling assignees to enforce awards and promoting commercial efficacy — Distinction drawn between recognition (s 40B(2)), which concerns binding effect on original parties, and enforcement rights. Assignment of loan debt rights construed to include benefit of award. Mainland court judgments (notably (2008) 揭西法執字 443-2 號) confirm applicant’s entitlement to enforce following proper notification under Mainland law. Debtor’s expert opinion disputed on basis of effective transaction maxim and supporting Mainland decisions. Summons to set aside enforcement order dismissed with costs. Counsel: Mr Alan Kwong (Hui & Lam) for Applicant; Mr Chase Pun (Yu & Associates) for Debtor.
Legal issues: Locus standi to enforce arbitration award by an assignee · Whether the Assignment included the benefit of the Arbitration Award
Outcome: Debtor’s summons to set aside enforcement order dismissed.
Cited by 2 cases · Cites 2 cases