Arbitral Digest

Matter

China Solar Power (Holdings) Limited v ULVAC, Inc (HCMP 1191/2015)

Applicable rules
UNCITRAL Arbitration Rules (1976)
  1. 17 February 2015Arbitration

    17 February 2015Arbitration

    Partial Award

    Decision summary
    The arbitrator directed China Solar Power to pay ULVAC JPY 1,700,425,000 as the balance of the purchase price for Production Line 1 and JPY 1,700,000,000 as cancellation penalties for Production Line 2.

    Supporting details

    3 participants
    China Solar Power (Holdings) Limited
    ULVAC, Inc
    Institution

    5 months and 6 days later · 156 days

  2. 23 July 2015Arbitration

    23 July 2015Arbitration

    Final Award

    Decision summary
    The Final Award was limited to interest and costs after Procedural Order No. 5 permitted withdrawal of ULVAC's warehousing claim for Production Line 2.

    Supporting details

    3 participants
    China Solar Power (Holdings) Limited
    ULVAC, Inc
    Institution

    3 months and 14 days later · 106 days

  3. 6 November 2015Hong Kong

    6 November 2015Hong Kong

    Judgment of the High Court of the Hong Kong Special Administrative Region, Court of First Instance in HCMP 1191/2015 dated 6 November 2015

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

    Case no.
    HCMP 1191/2015
    Decision summary
    The court dismissed China Solar Power's application to set aside the Partial Award. It held that China Solar Power had been given a full opportunity to present its case and that no ground for setting aside had been established. China Solar Power was ordered to pay ULVAC's costs on an indemnity basis, subject to taxation if not agreed, and the case was certified as fit for two counsel.

    Supporting details

    10 authorities · 8 participants
    China Solar Power (Holdings) Limited
    Representative
    Eugene Kwok (For: China Solar Power (Holdings) Limited)
    Representative
    Baker & McKenize (For: China Solar Power (Holdings) Limited)
    ULVAC, Inc
    Representative
    Robert Whitehead SC (For: ULVAC, Inc)
    Representative
    Zabrina Lau (For: ULVAC, Inc)
    Representative
    Deacons (For: ULVAC, Inc)
    High Court of the Hong Kong Special Administrative Region, Court of First Instance

    Authorities cited

    10
    • Hong Kong Arbitration Ordinance (Cap 341)
      statute
    • UNCITRAL Arbitration Rules (1976)
      rules
    • UNCITRAL Model Law
      model law
    • KB v S (HCCT 13/2015)
      case law
    • Re PetroChina International (Hong Kong) Corp Ltd ([2011] 4 HKLRD 604)
      case law
    • Grand Pacific Holdings Ltd v Pacific China Holdings Ltd ([2012] 4 HKLRD 1 (CA))
      case law
    • Xiamen Xingjingdi Group Ltd v Eton Properties Limited ([2009] 4 HKLRD 353 (CA))
      case law
    • Hebei Import & Export Corp v Polytek Engineering Co Ltd ((1999) 2 HKCFAR 111)
      case law
    • A v R ([2009] 3 HKLRD 389)
      case law
    • Grand Pacific Holdings Ltd v Pacific China Holdings Ltd (in liq.) ([2012] 4 HKLRD 569)
      case law
  4. Date not availableArbitration

    Date not availableArbitration

    Procedural Order No. 4

    Decision summary
    The arbitrator directed the parties to set out their cases and supporting evidence on the existence, production, disposal and storage of Production Line 2, reserved costs, and directed a three-day hearing on the Line 2 issues.

    Supporting details

    4 participants
    China Solar Power (Holdings) Limited
    ULVAC, Inc
    Institution
    Other
    Witness
    Takahashi
  5. Date not availableArbitration

    Date not availableArbitration

    Procedural Order No. 5

    Decision summary
    The arbitrator allowed ULVAC to withdraw its claim for warehousing charges for Production Line 2 and was satisfied that China Solar Power had received a sufficient opportunity to make submissions on the amendment issue.

    Supporting details

    3 participants
    China Solar Power (Holdings) Limited
    ULVAC, Inc
    Institution

Matter record

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China Solar Power (Holdings) Limited v ULVAC, Inc (HCMP 1191/2015) · Matter