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Tag Archives: Court of first instance

Hong Kong Court Refuses to Grant Crown Immunity to PRC State-Owned Enterprise

In TNB Fuel Services SDN BHD v. China National Coal Group Corporation HKCFI 1016 (“TNB Case“), the Court of First Instance (“CFI“) ruled that a PRC state-owned enterprise (“SOE“) was not entitled to Crown immunity. It upheld an arbitration award to be enforced against the SOE’s assets in Hong Kong. The TNB Case clarifies the position that any assertion of Crown immunity must come from the Crown; in this case by the Central People’s Government (“CPG“). SOEs will unlikely be granted Crown immunity, entitlement to which will be assessed by

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

Further confirmation of the pro-arbitration stance of the Hong Kong courts

A Hong Kong court has refused to grant an application to set aside its own order granting leave to enforce an arbitral award, thereby reinforcing the arbitration-friendly approach of Hong Kong courts and clarifying the restricted scope of the courts’ review of an arbitral award rendered in a Member State of the New York Convention. In the original arbitral proceedings, an arbitral tribunal seated in Kuala Lumpur, Malaysia, had ordered C, the respondent in arbitration, to pay T, the claimant, a sum as damages for breach of contract.  C had

Hong Kong court refuses enforcement of mainland awards involving invalid service under Hong Kong law

The Importance of Service The enforcement of arbitral awards in Hong Kong may be refused on the grounds of improper service of notices regarding the arbitration, even though such service is deemed valid under the arbitration rules of the arbitration institution in another jurisdiction. That is the decision of the Court of First Instance (“CFI“) in a recent case (樓外樓房地產咨詢有限公司 v 何志蘭, HCMP 3202/2013) regarding the enforcement of two mainland Chinese arbitral awards. Case Summary Pursuant to an arbitration clause, the Applicants had referred a dispute with the Respondent, Ho,