Arbitral Digest

Matter

BB v KO (High Court of Hong Kong HCCT 7/2020; [2023] HKCFI 2661)

Seat
United States
Substantive governing law
Illinois law
  1. 20 December 2019United States

    20 December 2019United States

    Arbitral Award dated 20 December 2019

    Decision summary
    The tribunal found that BB was entitled to a contingency fee of USD 50 million and ordered KO to pay BB USD 49,651,513 as damages for breach of the Agreement, with interest and costs.

    Supporting details

    2 participants
    BB
    KO

    2 months and 25 days later · 87 days

  2. 16 March 2020Hong Kong

    16 March 2020Hong Kong

    Enforcement Order dated 16 March 2020

    High Court of Hong Kong

    Decision summary
    The High Court of Hong Kong granted BB leave to enforce the arbitral Award against KO.

    Supporting details

    2 participants
    BB
    KO
    High Court of Hong Kong

    9 months and 13 days later · 288 days

  3. 29 December 2020Hong Kong

    29 December 2020Hong Kong

    Judgment entered in Hong Kong in terms of the Award dated 29 December 2020

    High Court of Hong Kong

    Decision summary
    Judgment was entered in Hong Kong in terms of the Award.

    Supporting details

    2 participants
    BB
    KO
    High Court of Hong Kong

    1 year, 1 month and 10 days later · 406 days

  4. 8 February 2022United States

    8 February 2022United States

    United States Court of Appeals decision dated 8 February 2022

    United States Court of Appeals

    Decision summary
    The United States Court of Appeals dismissed KO's appeal concerning the United States proceedings challenging the Award.

    Supporting details

    2 participants
    BB
    KO
    United States Court of Appeals

    1 year, 8 months and 9 days later · 616 days

  5. 17 October 2023Hong Kong

    17 October 2023Hong Kong

    Decision of the High Court of Hong Kong in the case HCCT 7/2020 dated 17 October 2023

    High Court of Hong Kong

    Case no.
    HCCT 7/2020
    Citation
    [2023] HKCFI 2661
    Decision summary
    The Court dismissed KO's summons seeking an extension of time to set aside the Hong Kong Enforcement Order and the Judgment entered in terms of the Award. It found no satisfactory explanation for the more than two-year delay and was not satisfied that enforcement of the Award should be refused on Hong Kong public-policy grounds. KO was ordered to pay BB's costs on an indemnity basis, with a certificate for Counsel.

    Supporting details

    8 authorities · 9 participants
    Application
    KO's application for an extension of time to set aside the Enforcement Order and the Judgment — Dismissed
    BB
    Representative
    Anson Wong SC (For: BB)
    Representative
    Rosa Lee (For: BB)
    Representative
    Kobre & Kim (For: BB)
    KO
    Representative
    Law Man Chung SC (For: KO)
    Representative
    Keith Chan (For: KO)
    Representative
    Ince & Co (For: KO)
    High Court of Hong Kong

    Authorities cited

    8
    • Hong Kong Arbitration Ordinance (Cap. 609) (Arbitration Ordinance (Cap. 609))
      Statute
    • Sky Power Construction Engineering Ltd v Iraero Airlines JSC ([2023] 3 HKLRD 654)
      Case law
    • Astro Nusantata International BV v PT Ayunda Prima Mitra ((2018) 21 HKCFAR 118)
      Case law
    • Terna Bahrain Holding Co WLL v Al Shamsi ([2013] 1 Lloyd's Rep 86)
      Case law
    • Wallersteiner v Moir (No 2) ([1975] 5 QB 373)
      Case law
    • Unruh v Seeberger ((2007) 10 HKCFAR 31)
      Case law
    • KB v S ([2016] 2 HKC 325)
      Case law
    • R (Factorframe Ltd) v Transport Secretary (No 8)
      Case law
  6. Date not availableHong Kong

    Date not availableHong Kong

    Charging Order Absolute over KO's Hong Kong assets

    High Court of Hong Kong

    Decision summary
    The High Court of Hong Kong made a Charging Order Absolute over KO's Hong Kong assets, including shareholdings in OHL, OFA and AHK.

    Supporting details

    2 participants
    BB
    KO
    High Court of Hong Kong
  7. Date not availableJapan

    Date not availableJapan

    Decision dismissing KO's appeal against compulsory execution of the Award

    Tokyo Court

    Decision summary
    The Tokyo Court dismissed KO's appeal against the order for compulsory execution of the Award.

    Supporting details

    2 participants
    BB
    KO
    Tokyo Court
  8. Date not availableHong Kong

    Date not availableHong Kong

    Garnishee Order Nisi over dividends payable to KO

    High Court of Hong Kong

    Decision summary
    The High Court of Hong Kong made a Garnishee Order Nisi over dividends declared by OHL in favour of KO, exceeding HKD 57 million.

    Supporting details

    2 participants
    BB
    KO
    High Court of Hong Kong
  9. Date not availableJapan

    Date not availableJapan

    Tokyo Court order for compulsory execution of the Award

    Tokyo Court

    Decision summary
    The Tokyo Court made an order for compulsory execution of the Award.

    Supporting details

    2 participants
    BB
    KO
    Tokyo Court
  10. Date not availableUnited States

    Date not availableUnited States

    United States District Court judgment confirming the Award

    United States District Court

    Decision summary
    The United States District Court confirmed the Award and dismissed KO's application to vacate it.

    Supporting details

    2 participants
    BB
    KO
    United States District Court

Matter record

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BB v KO (High Court of Hong Kong HCCT 7/2020; [2023] HKCFI 2661) · Matter