Arbitral Digest

Matter

AAB v BBA and BBC (High Court of Hong Kong, Court of First Instance HCCT 63/2023)

  1. 27 February 2024Hong Kong

    27 February 2024Hong Kong

    Reasons for judgment of the High Court of Hong Kong in the case HCCT 63/2023 dated 27 February 2024

    High Court of Hong Kong

    Case no.
    HCCT 63/2023
    Decision summary
    The court dismissed AAB's application to set aside the First Partial Final Award on procedural grounds, including complaints about the timetable, reasoning, and failure to address issues.

    Supporting details

    4 participants
    AAB
    BBA
    BBC
    High Court of Hong Kong

    10 days later · 10 days

  2. 8 March 2024Hong Kong

    8 March 2024Hong Kong

    Judgment of the High Court of Hong Kong, Court of First Instance in the case HCCT 63/2023 dated 8 March 2024

    High Court of Hong Kong, Court of First Instance

    Case no.
    HCCT 63/2023
    Citation
    [2024] HKCFI 699
    Decision summary
    The court rejected AAB's challenges to the Second Partial Final Award based on lack of reasoning and denial of due process. It held that the Tribunal had failed to deal expressly or impliedly with Issue 3 concerning approval of exploration plans or budgets and estoppel, stayed the setting-aside proceedings for three months, remitted the award to the Tribunal to address that issue, granted liberty to restore the proceedings after the stay, and reserved costs by an Order Nisi.

    Supporting details

    8 authorities · 11 participants
    AAB
    Representative
    Bernard Man (For: AAB)
    Representative
    Natalie So (For: AAB)
    Representative
    Herbert Smith Freehills (For: AAB)
    BBA
    Representative
    Charles Manzoni (For: BBA · BBC)
    Representative
    Peter de Verneuil Smith (For: BBA · BBC)
    Representative
    Danny Tang (For: BBA · BBC)
    Representative
    Gibson, Dunn & Crutcher (For: BBA · BBC)
    BBC
    Representative
    Charles Manzoni (For: BBA · BBC)
    Representative
    Peter de Verneuil Smith (For: BBA · BBC)
    Representative
    Danny Tang (For: BBA · BBC)
    Representative
    Gibson, Dunn & Crutcher (For: BBA · BBC)
    High Court of Hong Kong, Court of First Instance

    Authorities cited

    8
    • Arbitration Ordinance (Cap 609)
      statute
    • UNCITRAL Model Law on International Commercial Arbitration as enacted in Hong Kong
      international instrument
    • Z v R ([2021] HKCFI 2312)
      case law
    • Ngati Hurungaterangi, Ngati Taeotu me Ngati Te Kahu o Ngati Whakaue v Ngati Wahiao ([2017] NZCA 429)
      case law
    • Flannery and another v Halifax Estate Agencies Ltd ([2000] 1 WLR 377)
      case law
    • BZW v BZV ([2022] SGCA 1)
      case law
    • China Machine New Energy Corp v Jaguar Energy Guatemala LLC and another ([2020] 1 SLR 695)
      case law
    • AI v LG II ([2023] 4 HKC 135)
      case law
  3. Date not availableArbitration

    Date not availableArbitration

    First Partial Final Award

    Decision summary
    The Tribunal decided the Claimants' share transfer claim against AAB in the Claimants' favour.

    Supporting details

    4 participants
    BBA
    BBC
    AAB
    JV
  4. Date not availableArbitration

    Date not availableArbitration

    Second Partial Final Award

    Decision summary
    The Tribunal found that AAB breached its contractual obligations under the Sale and Purchase Agreement and Shareholders Agreement to prepare and implement an extensive exploration plan in accordance with good industry practice. AAB was held liable to BBA for damage caused by the breach, while quantification of damages and other quantum issues were reserved.

    Supporting details

    4 participants
    BBA
    BBC
    AAB
    JV

Matter record

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AAB v BBA and BBC (High Court of Hong Kong, Court of First Instance HCCT 63/2023) · Matter