Arbitral Digest

Matter

Balram Chainrai v Kushnir Family (Holdings) Limited and Others (HCA 1462/2014)

Seat
Israel
  1. 31 October 2013Israel

    31 October 2013Israel

    Israeli Arbitration Award dated 31 October 2013

    Decision summary
    The tribunal upheld Israel Sorin Shochat's claims, dismissed Balram Chainrai's counterclaims, and held that Shochat was entitled to receive from Chainrai his share of the Loan, together with interest.

    Supporting details

    2 participants
    Balram Chainrai
    Israel Sorin Shochat

    6 months and 17 days later · 199 days

  2. 18 May 2014Israel

    18 May 2014Israel

    Decision of the Tel Aviv-Jaffa District Court dated 18 May 2014

    Tel Aviv-Jaffa District Court

    Decision summary
    The court dismissed Chainrai's application for leave to appeal against the Israeli Arbitration Award and to set it aside.

    1 year, 1 month and 25 days later · 421 days

  3. 13 July 2015Israel

    13 July 2015Israel

    Decision of the Supreme Court of Israel dated 13 July 2015

    Supreme Court of Israel

    Decision summary
    The court dismissed Chainrai's application for leave to appeal against the Tel Aviv-Jaffa District Court decision.

    1 month and 13 days later · 44 days

  4. 26 August 2015Israel

    26 August 2015Israel

    Decision of the Supreme Court of Israel dated 26 August 2015

    Supreme Court of Israel

    Decision summary
    The court dismissed Chainrai's application for a further hearing against its decision dated 13 July 2015.

    25 days later · 25 days

  5. 20 September 2015Israel

    20 September 2015Israel

    Decree of the Tel Aviv-Jaffa District Court dated 20 September 2015

    Tel Aviv-Jaffa District Court

    Decision summary
    The court made a decree approving the Israeli Arbitration Award.

    1 month and 27 days later · 57 days

  6. 16 November 2015Hong Kong

    16 November 2015Hong Kong

    Order of Master K Lo dated 16 November 2015

    High Court of the Hong Kong Special Administrative Region

    Decision summary
    The Master gave leave to serve a concurrent writ of summons against the first, third, and fourth defendants out of the jurisdiction.

    Supporting details

    1 participant
    High Court of the Hong Kong Special Administrative Region
    Judge
    K Lo

    3 months and 28 days later · 120 days

  7. 15 March 2016Hong Kong

    15 March 2016Hong Kong

    Order of Master R Lai dated 15 March 2016

    High Court of the Hong Kong Special Administrative Region

    Decision summary
    The Master extended time for Shochat to file and serve his defence and counterclaim and adjourned his application for time to make applications under Order 12, rule 8 sine die, with liberty to restore.

    Supporting details

    1 participant
    High Court of the Hong Kong Special Administrative Region
    Judge
    R Lai

    2 months and 5 days later · 66 days

  8. 20 May 2016Hong Kong

    20 May 2016Hong Kong

    Order of the High Court of the Hong Kong Special Administrative Region dated 20 May 2016

    High Court of the Hong Kong Special Administrative Region

    Decision summary
    The court granted Shochat leave to file and serve a defence and counterclaim within 28 days from disposal of his strike-out application.

    1 year, 7 months and 15 days later · 594 days

  9. 4 January 2018Hong Kong

    4 January 2018Hong Kong

    Judgment of the High Court of the Hong Kong Special Administrative Region dated 4 January 2018

    High Court of the Hong Kong Special Administrative Region

    Decision summary
    The court dismissed Shochat's strike-out application concerning the relationship between the Hong Kong claim and issues resolved in the Israeli Arbitration.

    Supporting details

    1 participant
    High Court of the Hong Kong Special Administrative Region

    1 year, 1 month and 4 days later · 400 days

  10. 8 February 2019Hong Kong

    8 February 2019Hong Kong

    Decision of Master Eliza Chang dated 8 February 2019

    High Court of the Hong Kong Special Administrative Region

    Decision summary
    The Master dismissed Shochat's summons challenging service out of the jurisdiction and seeking a declaration that the court had no jurisdiction or, alternatively, a stay on the ground of forum non conveniens.

    Supporting details

    1 participant
    High Court of the Hong Kong Special Administrative Region

    9 months and 14 days later · 287 days

  11. 22 November 2019Hong Kong

    22 November 2019Hong Kong

    Judgment of the High Court of the Hong Kong Special Administrative Region, Court of First Instance in the case HCA 1462/2014 dated 22 November 2019

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

    Case no.
    HCA 1462/2014
    Citation
    [2019] HKCFI 2866
    Decision summary
    The court dismissed Israel Sorin Shochat's appeal against the Master's decision, declined to set aside service of the writ of summons out of the jurisdiction, and dismissed the application for a stay on the ground of forum non conveniens. It held that Shochat had completely submitted to the jurisdiction, and ordered on a nisi basis that he pay Balram Chainrai's costs.

    Supporting details

    24 authorities · 12 participants
    Balram Chainrai
    Representative
    Barrie Barlow SC (For: Balram Chainrai)
    Representative
    WMC Partners (For: Balram Chainrai)
    Kushnir Family (Holdings) Limited
    Levi Kushnir
    Israel Sorin Shochat
    Representative
    Ashley Burns SC (For: Israel Sorin Shochat)
    Representative
    Lawrence Cheung (For: Israel Sorin Shochat)
    Representative
    Albert Chan (For: Israel Sorin Shochat)
    Representative
    Hoosenally & Neo (For: Israel Sorin Shochat)
    Yaacov Liraz
    High Court of the Hong Kong Special Administrative Region, Court of First Instance

    Authorities cited

    24
    • Wo Fung Paper Making Factory Ltd v Sappi Kraft (Pty) Ltd ([1988] 2 HKLR 346)
      case-law
    • Re Resource 1 ((2000) 3 HKCFAR 187)
      case-law
    • Texan Management Ltd v Pacific Electric Wire & Cable Co Ltd ([2009] UKPC 46)
      case-law
    • Kayden Ltd v Securities and Futures Commission ((2010) 13 HKCFAR 696)
      case-law
    • Metall und Rohstoff AG v Donaldson Lufkin & Jenrette Inc ([1990] 1 QB 391)
      case-law
    • Nilon Ltd v Royal Westminster Investments SA ([2015] BCC 521)
      case-law
    • Erste Group Bank AG v VMZ Red October ([2015] 1 CLC 706)
      case-law
    • ABN Amro Bank NV v Fortgang ([2008] 2 HKLRD 349)
      case-law
    • Global Multimedia International Ltd v ARA Media Services ([2007] 1 All ER (Comm) 1160)
      case-law
    • Spargos Mining NL v Atlantic Capital Corp
      case-law
    • Astro Exito Navagacion SA v WT Hsu ([1984] 1 Lloyds Reports 266)
      case-law
    • Sage v Double A Hydraulics Ltd ([1992] The Times, 2 April 1992; TLR 165)
      case-law
    • SMAY Investments Ltd v Sachdev ([2003] EWHC 474 (Ch))
      case-law
    • Ives & Barker v Willans ([1894] 2 Ch 478)
      case-law
    • Eagle Star Insurance Co Ltd v Yuval Insurance Co Ltd ([1978] 1 Lloyds Rep 357)
      case-law
    • Winnitex Investment Co Ltd v Oxford Products (International) Ltd ([2005] HKEC 44)
      case-law
    • Huang Ping Owen v Burswood Ltd ([2009] HKEC 1581)
      case-law
    • Lawson v Midland Travellers Ltd ([1993] 1 WLR 735)
      case-law
    • The Conflict of Laws in Hong Kong, 3rd edition
      academic
    • Hong Kong Civil Procedure 2019
      academic
    • Rules of the High Court (Hong Kong) (Cap. 4A)
      statute
    • IMS SA & Others v Capital Oil and Gas Industries Ltd ([2016] EWHC 1956 (Comm))
      case-law
    • Hoddinott v Persimmon Homes (Wessex) Ltd ([2007] EWCA Civ 1203; [2008] 1 WLR 806)
      case-law
    • Dicey, Morris and Collins, The Conflict of Laws, 15th edition (2012)
      academic

Matter record

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Balram Chainrai v Kushnir Family (Holdings) Limited and Others (HCA 1462/2014) · Matter