Arbitral Digest

Matter

AB Engineering v CD (High Court of Hong Kong HCCT 27/2020)

Case no.
HKIAC/A19089
  1. 18 March 2020Arbitration

    18 March 2020Arbitration

    Final Award dated 18 March 2020

    Hong Kong International Arbitration Centre

    Decision summary
    The sole arbitrator found CD entitled to payment by AB Engineering of US$18 million, interest, and costs.

    Supporting details

    4 participants
    CD
    AB Engineering
    Hong Kong International Arbitration Centre
    Arbitrator
    Jakob Ragnwaldh

    11 months later · 337 days

  2. 18 February 2021Hong Kong

    18 February 2021Hong Kong

    Reasons for Decision of the High Court of the Hong Kong Special Administrative Region Court of First Instance in case HCCT 27/2020 dated 18 February 2021

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

    Case no.
    HCCT 27/2020
    Citation
    [2021] HKCFI 327
    Decision summary
    The Court granted AB Engineering's application to set aside the Final Award. It held that AB Engineering was a separate legal entity from AB Bureau and was not a party to the arbitration agreement, so the tribunal had no jurisdiction over AB Engineering. It also held that AB Engineering had not received proper notice of the arbitration or the arbitrator's appointment, refused to remit the Award, and ordered CD to pay AB Engineering's costs of the setting-aside application, including reserved costs.

    Supporting details

    6 authorities · 7 participants
    Application
    AB Engineering's application to set aside the Final Award — Granted
    AB Engineering
    Representative
    Dean Lewis (For: AB Engineering)
    Representative
    Pinsent Masons (For: AB Engineering)
    CD
    Representative
    Tom Ng (For: CD)
    Representative
    Gall (For: CD)
    High Court of the Hong Kong Special Administrative Region, Court of First Instance

    Authorities cited

    6
    • Hong Kong Arbitration Ordinance (Arbitration Ordinance (Cap 609))
      statute
    • UNCITRAL Model Law on International Commercial Arbitration, Article 34(2)(a)
      international instrument
    • Giorgio Armani SpA v Elan Clothes Co Ltd ([2019] 2 HKLRD 313; [2020] 1 HKLRD 354)
      case law
    • Sun Tian Gang v HK & China Gas (Jilin) Ltd ([2016] 5 HKLRD 221)
      case law
    • SEB Trygg Holding AB v Manches ([2005] EWCA Civ 1237)
      case law
    • Dallah Co v Ministry of Religious Affairs of Pakistan ([2011] 1 AC 763)
      case law
  3. Date not availableArbitration

    Date not availableArbitration

    Procedural Order No. 2

    Hong Kong International Arbitration Centre

    Decision summary
    The sole arbitrator ordered that references to the respondent or AB Bureau be treated as references to AB Engineering, that the arbitration continue with AB Engineering as respondent, and that the pleadings and submissions need not be re-served.

    Supporting details

    5 participants
    CD
    AB Engineering
    AB Bureau
    Hong Kong International Arbitration Centre
    Arbitrator
    Jakob Ragnwaldh

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AB Engineering v CD (High Court of Hong Kong HCCT 27/2020) · Matter