Matter
Astro Nusantara International B.V. and Others v PT First Media Tbk (Hong Kong Court of Final Appeal FACV No. 14 of 2017)
- 7 May 2009Singapore
7 May 2009Singapore
Award on Preliminary Issues dated 7 May 2009
Singapore International Arbitration Centre
- Decision summary
- The tribunal ruled that rule 24(b) of the 2007 SIAC Rules empowered it to join persons who were not already parties to the arbitration agreement.
Supporting details
Singapore International Arbitration Centre
4 months and 26 days later · 149 days
- 3 October 2009Singapore
3 October 2009Singapore
Further Partial Award dated 3 October 2009
Singapore International Arbitration Centre
Supporting details
Singapore International Arbitration Centre
4 months and 2 days later · 125 days
- 5 February 2010Singapore
5 February 2010Singapore
Award on Costs for the Preliminary Issues dated 5 February 2010
Singapore International Arbitration Centre
Supporting details
Singapore International Arbitration Centre
11 days later · 11 days
- 16 February 2010Singapore
16 February 2010Singapore
Interim Final Award dated 16 February 2010
Singapore International Arbitration Centre
- Decision summary
- The tribunal rendered an Interim Final Award in favour of Astro in a sum exceeding US$130 million.
Supporting details
Singapore International Arbitration Centre
5 months and 18 days later · 168 days
- 3 August 2010Singapore
3 August 2010Singapore
Final Award – Interests and Costs dated 3 August 2010
Singapore International Arbitration Centre
Supporting details
Singapore International Arbitration Centre
- 3 August 2010Hong Kong
3 August 2010Hong Kong
Order of Saunders J dated 3 August 2010
High Court of Hong Kong
- Decision summary
- Saunders J granted Astro leave to enforce the tribunal's awards in Hong Kong against the Lippo parties.
1 month and 6 days later · 37 days
- 9 September 2010Hong Kong
9 September 2010Hong Kong
Order of Saunders J granting leave to enforce the awards dated 9 September 2010
High Court of Hong Kong
- Decision summary
- Saunders J granted Astro leave to enforce the tribunal's awards in Hong Kong against the Lippo parties.
3 months later · 91 days
- 9 December 2010Hong Kong
9 December 2010Hong Kong
Judgment of Saunders J dated 9 December 2010
High Court of Hong Kong
- Decision summary
- Saunders J entered judgment against the Lippo parties in terms of the awards.
7 months and 13 days later · 225 days
- 22 July 2011Hong Kong
22 July 2011Hong Kong
Garnishee order nisi dated 22 July 2011
High Court of Hong Kong
- Decision summary
- The court made a garnishee order nisi attaching a debt of US$44 million due from AcrossAsia Limited to PT First Media Tbk.
2 years, 3 months and 9 days later · 832 days
- 31 October 2013Hong Kong
31 October 2013Hong Kong
Judgment of Deputy High Court Judge Mayo dated 31 October 2013
High Court of Hong Kong
- Decision summary
- Deputy High Court Judge Mayo directed that the garnishee order be made absolute.
- 31 October 2013Singapore
31 October 2013Singapore
Judgment of the Singapore Court of Appeal in PT First Media Tbk v Astro Nusantara International B.V. and others [2013] SGCA 57 dated 31 October 2013
Singapore Court of Appeal
- Citation
- [2013] SGCA 57
- Decision summary
- The Singapore Court of Appeal held that rule 24(b) of the 2007 SIAC Rules did not empower the tribunal to join the Additional Parties because they were not parties to the Subscription and Shareholders' Agreement, and that the tribunal therefore lacked jurisdiction to make awards in their favour against PT First Media Tbk; Singapore enforcement orders in their favour were set aside.
2 months and 24 days later · 85 days
- 24 January 2014Hong Kong
24 January 2014Hong Kong
Order of Mimmie Chan J dated 24 January 2014
High Court of Hong Kong
- Decision summary
- Mimmie Chan J unconditionally stayed execution of the garnishee order absolute pending determination of PT First Media Tbk's setting-aside application.
5 months and 1 day later · 152 days
- 25 June 2014Hong Kong
25 June 2014Hong Kong
Order refusing leave to appeal dated 25 June 2014
Court of Appeal of the High Court of Hong Kong
- Decision summary
- The Court of Appeal refused Astro leave to appeal against Mimmie Chan J's unconditional stay order.
7 months and 23 days later · 237 days
- 17 February 2015Hong Kong
17 February 2015Hong Kong
Judgment of Chow J dated 17 February 2015
High Court of Hong Kong
- Decision summary
- Chow J upheld the enforcement orders and judgment and refused PT First Media Tbk leave to apply out of time to set them aside on the ground that the awards were made without jurisdiction.
6 months and 16 days later · 197 days
- 2 September 2015Hong Kong
2 September 2015Hong Kong
Decision of the Court of Appeal of the High Court of Hong Kong in CACV 251/2013, CACV 253/2013 and CACV 66/2015 dated 2 September 2015
Court of Appeal of the High Court of Hong Kong
- Decision summary
- The Court directed that AcrossAsia Limited's appeal concerning the garnishee order be dealt with after disposal of First Media's setting-aside appeal or until further order, and ordered the costs of the directions hearing in the cause of the respective appeals.
Supporting details
1 authority · 4 participantsAstro Nusantara International B.V.
PT First Media Tbk
AcrossAsia Limited
Court of Appeal of the High Court of Hong Kong
- Judge
- Lai
3 months and 6 days later · 97 days
- 8 December 2015Hong Kong
8 December 2015Hong Kong
Decision of the High Court of Hong Kong in HCCT 45/2010 dated 8 December 2015
High Court of Hong Kong
- Decision summary
- The court granted leave to appeal on the stated question, stayed execution in the related First Media and AcrossAsia appeals, and varied the costs order nisi so that First Media was to pay 80% of Astro's costs of the summons.
Supporting details
1 authority · 3 participants11 months and 27 days later · 363 days
- 5 December 2016Hong Kong
5 December 2016Hong Kong
Judgment of the Court of Appeal in CACV 272/2015 dated 5 December 2016
Court of Appeal of the High Court of Hong Kong
- Decision summary
- The Court of Appeal held that the enforcement court should have taken account of the fundamental defect that the awards were made without jurisdiction, but upheld Chow J's refusal to extend time and dismissed the appeal.
- 5 December 2016Hong Kong
5 December 2016Hong Kong
Judgment of the Court of Appeal of the High Court of Hong Kong in CACV 272/2015 dated 5 December 2016
Court of Appeal of the High Court of Hong Kong
- Decision summary
- The Court of Appeal held that the fundamental defect in the awards, made without jurisdiction against parties wrongly joined to the arbitration, required refusal of enforcement in the exercise of the section 44(2) discretion. It nevertheless dismissed First Media's appeal and upheld the refusal to extend time to apply to set aside the Hong Kong enforcement orders and judgment.
Supporting details
7 authoritiesCourt of Appeal of the High Court of Hong Kong
1 year, 4 months and 6 days later · 492 days
- 11 April 2018Hong Kong
11 April 2018Hong Kong
Judgment of the Court of Final Appeal of the Hong Kong Special Administrative Region in FACV No. 14 of 2017 dated 11 April 2018
Court of Final Appeal of the Hong Kong Special Administrative Region
- Citation
- [2018] HKCFA 12
- Decision summary
- The Court unanimously allowed First Media's appeal, set aside the decisions below, and extended by three months the time for First Media to apply for leave to set aside the Hong Kong enforcement orders and the judgment entered on them. It held that the fundamental absence of a valid arbitration agreement and the tribunal's lack of jurisdiction required refusal of enforcement in the exercise of the court's discretion.
Supporting details
19 authorities · 7 participantsAstro Nusantara International B.V.
PT First Media Tbk
Court of Final Appeal of the Hong Kong Special Administrative Region
- Judge
- Geoffrey Ma
- Judge
- R A V Ribeiro
- Judge
- Robert Tang
- Judge
- Joseph Fok
- Judge
- Lord Reed