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Tag Archives: Hong Kong Court of Appeal

Consistency restored as Astro v Lippo appeal dismissed

In the latest instalment of the long-running dispute between Astro and Lippo, the Hong Kong Court of Appeal (CA) has dismissed Lippo’s appeal against a 2015 first instance decision allowing the enforcement of five arbitral awards, despite a ruling of the Singaporean courts refusing enforcement on the basis that the arbitral tribunal had acted outside its jurisdiction in making the awards. Although it upheld the first instance decision, the CA notably disagreed with the High Court’s finding that Lippo did not act in good faith and reflected this in its

Hong Kong Courts urge parties to seek anti-suit injunctions promptly

In Sea Powerful II Special Maritime Enterprises (ENE) v. Bank of China Ltd (CACV36/2016), the Hong Kong Court of Appeal (“CA“) upheld the Court of First Instance’s (“CFI“) decision in refusing to grant an anti-suit injunction because the party seeking relief had not acted promptly, even though the objecting party suffered no prejudice from the delay. Facts The Plaintiff was a ship owner who entered into a contract of carriage with a charterer by a bill of lading (“B/L“).  It was expressly provided on the back of the B/L that