Read the full judgment text of HCCT 35/2012 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 5 June 2013 before Hon G Lam J in Chambers.
Arbitration — Enforcement of Mainland award — Arbitration Ordinance (Cap 609) s.95(2)(f) refusal grounds — Application to set aside enforcement order pending Mainland court challenge — Dispute arose from investment co-operation agreement — Mainland arbitral award dated 1 June 2012 in favour of Guo Shun Kai against Wing Shing Chemical Co Ltd — Wing Shing challenged award in Shenzhen Intermediate People’s Court on grounds of excessive scope and procedural irregularity — Hong Kong court considered whether award “not yet binding” or “suspended” under Mainland law — Court found expert evidence inconclusive to establish suspension — Exercising inherent jurisdiction, court adjourned enforcement summons pending Mainland court decision — Security of HK$20 million imposed on Wing Shing given risk of manifest invalidity not shown and Wing Shing’s deteriorating financial position and asset disposition — Costs reserved in the cause with liberty to apply — Practical approach to enforcement of Mainland awards pending parallel proceedings affirmed.
Legal issues: Enforcement of Mainland arbitral award pending Mainland court's decision
Outcome: The summons by Wing Shing to set aside or vary the enforcement order is adjourned pending the Shenzhen Court’s determination of Wing Shing’s Mainland challenge to the award.
Cites 1 case