Arbitral Digest

Matter

Canudilo International Company Limited v Apennine Holdings Limited and Others

  1. 6 May 2020Arbitration

    6 May 2020Arbitration

    Procedural Order No. 8

    Decision summary
    Arbitrator 1 ordered Ji Guanhua and Wang Liuxi to file amended defences and evidence, directed Canudilo International Company Limited to file an amended reply, and issued a timetable for exchanging witness statements.

    15 days later · 15 days

  2. 21 May 2020Arbitration

    21 May 2020Arbitration

    Procedural Order No. 10

    Decision summary
    Arbitrator 1 allowed Canudilo International Company Limited's application for the Company's liability under Contracts 006 and 007 to be determined by an interim award on the filed papers and directed the remaining arbitration against the guarantors to continue.

    1 month and 5 days later · 36 days

  3. 26 June 2020Arbitration

    26 June 2020Arbitration

    Interim Final Award dated 26 June 2020

    Decision summary
    Arbitrator 1 determined the dispute between Canudilo International Company Limited and Apennine Holdings Limited on the filed papers, found that the Company should pay the sums due under Contracts 006 and 007, and ordered it to pay the arbitration costs.

    3 days later · 3 days

  4. 29 June 2020Arbitration

    29 June 2020Arbitration

    Procedural Order No. 14

    Decision summary
    Arbitrator 1 stayed the arbitration for eight weeks, until 24 August 2020, to give Canudilo International Company Limited and the respondents a reasonable opportunity to decide whether to nominate a new arbitrator.

    11 months and 9 days later · 343 days

  5. 7 June 2021Arbitration

    7 June 2021Arbitration

    Final Award dated 7 June 2021

    Decision summary
    Arbitrator 2 found that he had jurisdiction, that the Contracts were validly executed and binding on Wu Chi Keung, Ji Guanhua, and Wang Liuxi, and that the guarantors were liable. He ordered payment of €856,953, €896,290.98, and HK$899,200, with costs.

    2 months and 3 days later · 64 days

  6. 10 August 2021Hong Kong

    10 August 2021Hong Kong

    Enforcement Order of the High Court of Hong Kong dated 10 August 2021

    High Court of Hong Kong, Court of First Instance

    Decision summary
    The court granted Canudilo International Company Limited leave to enforce the Final Award against Wu Chi Keung, Ji Guanhua, Wu Chi Fong Thomas, and Wang Liuxi as a judgment of the court, including the sums and interest ordered by the Final Award.

    1 year, 6 months and 26 days later · 575 days

  7. 8 March 2023Hong Kong

    8 March 2023Hong Kong

    Decision of the High Court of Hong Kong in the case HCCT 63/2021 dated 8 March 2023

    High Court of Hong Kong, Court of First Instance

    Case no.
    HCCT 63/2021
    Citation
    [2023] HKCFI 700
    Decision summary
    The court granted Wu Chi Keung and Wu Chi Fong Thomas an extension of time to apply to set aside the Enforcement Order and set aside that order because the arbitration denied the guarantors due process and a reasonable opportunity to present their case. It ordered Canudilo International Company Limited to pay the setting-aside application costs to Wu and Wu to pay the extension application costs.

    Supporting details

    15 authorities
    High Court of Hong Kong, Court of First Instance

    Authorities cited

    15
    • Arbitration Ordinance (Cap 609)
      statute
    • Rules of the High Court (Hong Kong)
      statute
    • In Re Kitchin ((1881) 17 Ch D 668)
      case law
    • Welltime Hong Kong Ltd v Cosmic Insurance Corporation Ltd ([2004] 2 HKC 155)
      case law
    • A v R (Arbitration: Enforcement) ([2009] 3 HKLRD 389)
      case law
    • Hunter v Chief Constable of the West Midlands Police ([1982] AC 529)
      case law
    • Ko Hon Yue v Chiu Pak Yuk ((2012) 15 HKCFAR 72)
      case law
    • Ho Kin Man v Commissioner of Police ([2014] 3 HKLRD 478)
      case law
    • Johnson v Gore Wood & Co ([2002] 2 AC 1)
      case law
    • Fortune Pharmacal Co Ltd v Falcon Insurance Co (Hong Kong) Ltd ([2023] HKCA 66)
      case law
    • Grand Pacific Holdings Ltd v Pacific China Holdings Ltd (in liq) (No 1) ([2012] 4 HKLRD 1)
      case law
    • Brunswick Bowling & Billiards Corp v Shanghai Zhonglu Industrial Co Ltd ([2011] 1 HKLRD 707)
      case law
    • Paklito Investment Ltd v Klockner East Asia Ltd ([1993] 2 HKLR 39)
      case law
    • Astro Nusantara International BV v PT Ayunda Prima Mitra ([2018] HKCFA 12)
      case law
    • AW v PY ([2022] HKCFI 1397)
      case law

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Canudilo International Company Limited v Apennine Holdings Limited and Others · Matter