Arbitral Digest

Matter

A v B1 and B2 (Hong Kong High Court HCCT 113/2024 and HCCT 153/2024)

Applicable rules
2018 HKIAC Administered Arbitration Rules
  1. 6 September 2023Arbitration

    6 September 2023Arbitration

    Procedural Order No. 1 dated 6 September 2023

    Hong Kong International Arbitration Centre

    Decision summary
    The tribunal directed that submissions be in memorial style and be accompanied by the factual evidence, legal authorities, witness statements, and expert reports relied upon, and reserved the week of 9 December 2024 for an oral hearing.

    Supporting details

    3 participants
    A
    B1
    B2
    Hong Kong International Arbitration Centre

    4 months and 6 days later · 128 days

  2. 12 January 2024Arbitration

    12 January 2024Arbitration

    Procedural Order No. 2 dated 12 January 2024

    Hong Kong International Arbitration Centre

    Decision summary
    The tribunal directed a virtual hearing on the interim conservatory relief and Early Determination Procedure applications for 23 April 2024, directed A to respond to the Early Determination Procedure application by 15 April 2024, and stated its intention to issue orders by 10 May 2024.

    Supporting details

    3 participants
    A
    B1
    B2
    Hong Kong International Arbitration Centre

    3 months and 13 days later · 104 days

  3. 25 April 2024Arbitration

    25 April 2024Arbitration

    Tribunal Order dated 25 April 2024

    Hong Kong International Arbitration Centre

    Decision summary
    The tribunal determined that B1 and B2's Early Determination Procedure application should proceed, suspended the arbitration pending its determination, and directed the parties to confirm whether they had final submissions by 3 May 2024.

    Supporting details

    3 participants
    A
    B1
    B2
    Hong Kong International Arbitration Centre

    2 months and 5 days later · 66 days

  4. 30 June 2024Arbitration

    30 June 2024Arbitration

    Partial Award dated 30 June 2024

    Hong Kong International Arbitration Centre

    Decision summary
    The tribunal rejected A's construction of the agreements and allegations of breach and repudiation, and dismissed A's claim for damages in the amount of the Holdback Amounts with prejudice.

    Supporting details

    3 participants
    A
    B1
    B2
    Hong Kong International Arbitration Centre

    15 days later · 15 days

  5. 15 July 2024Arbitration

    15 July 2024Arbitration

    Procedural Order No. 3 dated 15 July 2024

    Hong Kong International Arbitration Centre

    Decision summary
    The tribunal directed the parties to make submissions on costs.

    Supporting details

    3 participants
    A
    B1
    B2
    Hong Kong International Arbitration Centre

    2 months and 22 days later · 84 days

  6. 7 October 2024Arbitration

    7 October 2024Arbitration

    Final Award on Costs dated 7 October 2024

    Hong Kong International Arbitration Centre

    Decision summary
    The tribunal ordered A to pay B1 and B2's costs together with interest.

    Supporting details

    3 participants
    A
    B1
    B2
    Hong Kong International Arbitration Centre

    7 months and 26 days later · 238 days

  7. 2 June 2025Hong Kong

    2 June 2025Hong Kong

    Orders dated 2 June 2025 in HCCT 113/2024

    High Court of the Hong Kong Special Administrative Region, Court of First Instance

    Case no.
    HCCT 113/2024
    Decision summary
    The court granted B1 and B2's applications for security for costs and security for their claim under the Costs Award.

    Supporting details

    3 participants
    A
    B1
    B2
    High Court of the Hong Kong Special Administrative Region, Court of First Instance

    10 months and 26 days later · 330 days

  8. 28 April 2026Hong Kong

    28 April 2026Hong Kong

    Judgment of the High Court of the Hong Kong Special Administrative Region, Court of First Instance in the cases HCCT 113/2024 and HCCT 153/2024 dated 28 April 2026

    High Court of the Hong Kong Special Administrative Region, Court of First Instance

    Case no.
    HCCT 113/2024 and HCCT 153/2024
    Citation
    [2026] HKCFI 2444
    Decision summary
    The court dismissed A's applications to set aside the Partial Award and Costs Award. It granted B1 and B2's application to enforce the Costs Award, ordered the sums paid into court to be paid out toward satisfaction of that award, and ordered A to pay B1 and B2's costs on an indemnity basis, with the costs orders made on a nisi basis.

    Supporting details

    19 authorities · 11 participants
    A
    Representative
    Anson Wong (For: A)
    Representative
    Adrian Lai (For: A)
    Representative
    Paul Law (For: A)
    Representative
    Dorsey & Whitney (For: A)
    B1
    Representative
    Benny Lo (For: B1 · B2)
    Representative
    Jiang Zixin (For: B1 · B2)
    Representative
    Simpson Thacher & Barlett (For: B1 · B2)
    B2
    Representative
    Benny Lo (For: B1 · B2)
    Representative
    Jiang Zixin (For: B1 · B2)
    Representative
    Simpson Thacher & Barlett (For: B1 · B2)
    High Court of the Hong Kong Special Administrative Region, Court of First Instance

    Authorities cited

    19
    • Hong Kong Rules of the High Court (Cap 4A) (Cap 4A)
      statute
    • Hong Kong Arbitration Ordinance (Cap 609) (Cap 609)
      statute
    • Grand Pacific Holdings Ltd v Pacific China Holdings Ltd (in liquidation) (No. 1) ([2012] 4 HKLRD 1)
      case law
    • Holding Tusculum BV v Louis Dreyfus SAS ([2008] QCCS 5904)
      case law
    • China Property Development (Holdings) Ltd v Mandecly Ltd (CACV 92/2015, 24 May 2016)
      case law
    • Front Row Investment Holdings (Singapore) Pte Ltd v Daimler South East Asia Pte Ltd ([2010] SGHC 80)
      case law
    • Grant Thornton International Ltd v JBPB & Co (A Partnership) (HCCT 13/2012, 5 April 2013)
      case law
    • Arjowiggins HKK2 Ltd v X Co ([2022] HKCFI 128)
      case law
    • AI v LG II ([2023] HKC 656)
      case law
    • CNG v G ([2024] 2 HKLRD 152)
      case law
    • A v B ([2024] 4 HKC 36)
      case law
    • R v F ([2012] 5 HKLRD 278)
      case law
    • LY v HW
      case law
    • BZW v BZV ([2022] 1 SLR 1080)
      case law
    • DKT v DKU ([2025] 1 SLR 806)
      case law
    • Hebei Import & Export Corp v Polytek Engineering Co Ltd ((1999) 2 HKCFAR 111)
      case law
    • Telestat Canada v Juch-Tech Inc ([2012] INSC 2785)
      case law
    • Montrose Canned Foods Ltd v Eric Wells (Merchants) Ltd ([1965] 1 Lloyd's Rep 597)
      case law
    • Barclays Bank plc v UniCredit Bank AG and another ([2012] EWHC 3655 (Comm))
      case law

Matter record

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A v B1 and B2 (Hong Kong High Court HCCT 113/2024 and HCCT 153/2024) · Matter