Read the full judgment text of HCCT 48/2012 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 25 April 2014 before Hon Mimmie Chan J in Chambers.
International arbitration — Arbitration award enforcement — Public policy ground for setting aside — Parallel litigation in foreign court — Relationship between arbitration award and foreign court judgment — Res judicata and issue estoppel in international arbitration context — Arbitration Ordinance (Cap 341) and UNCITRAL Model Law — Joint venture dispute governed by PRC law — Tribunal found Applicants repudiated JV Agreement — Shanghai Court judgment on limited repayment of misappropriated funds — Tribunal declined to consider judgment after closure of submissions — Applicability of public policy and due process grounds — Court confirms narrow scope of public policy ground — Applicants had opportunity to present case and raise issues relating to foreign judgment — No serious breach undermining due process found — Res judicata and issue estoppel not applicable due to distinct causes of action and party capacities — Enforcement of arbitration award upheld with costs ordered against Applicants.
Legal issues: Whether the arbitral award is contrary to public policy of Hong Kong · Application of res judicata and issue estoppel to the Arbitration
Outcome: Application to set aside the arbitral award dismissed