Arbitral Digest

Matter

Chu Kong v Lau Wing Yan and Others (High Court of the Hong Kong Special Administrative Region, Court of First Instance HCA 226/2017)

  1. 30 October 2017Hong Kong

    30 October 2017Hong Kong

    Decision of the High Court of the Hong Kong Special Administrative Region, Court of First Instance in the case HCA 226/2017 dated 30 October 2017

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

    Case no.
    HCA 226/2017
    Decision summary
    The court dismissed Ever Ning Shipping and Trading Limited's summons seeking a stay of the multiple derivative action pending arbitration. It held that the action was not the subject of the arbitration agreement because the parties necessary to the derivative claims were not parties to that agreement. The court made an order nisi for costs payable forthwith in favour of Chu Kong, with a certificate for two counsel.

    Supporting details

    7 authorities · 14 participants
    Chu Kong
    Representative
    William Wong SC (For: Chu Kong)
    Representative
    Michael Lok (For: Chu Kong)
    Representative
    Sit, Fung, Kwong & Shum (For: Chu Kong)
    Lau Wing Yan
    Giant Shine Limited
    Wong Wing Yee
    Ever Ning Shipping and Trading Limited
    Representative
    Justin Lam (For: Ever Ning Shipping and Trading Limited)
    Representative
    Clyde & Co (For: Ever Ning Shipping and Trading Limited)
    Starry Fortune Global Limited
    All Brilliant Investments Limited
    Giant Progress Limited
    High Court of the Hong Kong Special Administrative Region, Court of First Instance

    Authorities cited

    7
    • Arbitration Ordinance (Cap 609)
      statute
    • UNCITRAL Model Law on International Commercial Arbitration, Article 8
      statute
    • Sinwa SS (HK) Co Limited v Nordic International Limited and another ([2016] SGHC 111)
      case-law
    • Waddington Limited v Chan Chun Hoo Thomas ((2008) 11 HKCFAR 370)
      case-law
    • Chan Tat Man v Tsoi Yuk Ming (HCA 2028/2007)
      case-law
    • The Rise of Shareholder Derivative Arbitration in Public Corporations ((1996) 31 Wake Forest Law Review 337)
      academic
    • Hong Kong Companies Ordinance Cap 622
      statute

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Chu Kong v Lau Wing Yan and Others (High Court of the Hong Kong Special Administrative Region, Court of First Instance HCA 226/2017) · Matter