Arbitral Digest

Matter

CL v SCG (High Court of Hong Kong HCCT 9/2018)

  1. 14 December 2006Arbitration

    14 December 2006Arbitration

    First Partial Award

    Hong Kong International Arbitration Centre

    Decision summary
    The tribunal held that it had jurisdiction to deal with certain claims under the arbitration between CL and SCG.

    Supporting details

    2 participants
    CL
    SCG
    Hong Kong International Arbitration Centre

    4 years, 2 months and 3 days later · 1526 days

  2. 17 February 2011Arbitration

    17 February 2011Arbitration

    Second Partial Award

    Hong Kong International Arbitration Centre

    Decision summary
    The tribunal ordered SCG to pay CL US$2,173,000 with interest and the costs of the arbitration, forthwith.

    Supporting details

    2 participants
    CL
    SCG
    Hong Kong International Arbitration Centre

    4 years, 1 month and 13 days later · 1502 days

  3. 30 March 2015China

    30 March 2015China

    Decision of the Shenzhen Intermediate People's Court dated 30 March 2015

    Shenzhen Intermediate People's Court

    Decision summary
    The Shenzhen Intermediate People's Court rejected CL's application to enforce the arbitral award against SCG.

    Supporting details

    2 participants
    CL
    SCG
    Shenzhen Intermediate People's Court

    11 months later · 337 days

  4. 1 March 2016China

    1 March 2016China

    Decision of the Guangdong Higher People's Court dated 1 March 2016

    Guangdong Higher People's Court

    Decision summary
    The Guangdong Higher People's Court rejected CL's application for a retrial of the enforcement proceedings concerning the arbitral award against SCG.

    Supporting details

    2 participants
    CL
    SCG
    Guangdong Higher People's Court

    1 year, 11 months and 11 days later · 713 days

  5. 12 February 2018Hong Kong

    12 February 2018Hong Kong

    Order of the High Court of the Hong Kong Special Administrative Region dated 12 February 2018

    High Court of the Hong Kong Special Administrative Region

    Decision summary
    The Court granted CL leave to enforce the arbitral award in Hong Kong and granted SCG leave to apply to set aside the order within 14 days of service.

    Supporting details

    2 participants
    CL
    SCG
    High Court of the Hong Kong Special Administrative Region

    5 months and 12 days later · 162 days

  6. 24 July 2018Hong Kong

    24 July 2018Hong Kong

    Order of the High Court of the Hong Kong Special Administrative Region dated 24 July 2018

    High Court of the Hong Kong Special Administrative Region

    Decision summary
    The Court ordered the question whether enforcement of the arbitral award was time-barred to be tried as a preliminary issue.

    Supporting details

    2 participants
    CL
    SCG
    High Court of the Hong Kong Special Administrative Region

    6 months and 25 days later · 209 days

  7. 18 February 2019Hong Kong

    18 February 2019Hong Kong

    Decision of the High Court of the Hong Kong Special Administrative Region, Court of First Instance in the case HCCT 9/2018 dated 18 February 2019

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

    Case no.
    HCCT 9/2018
    Citation
    [2019] HKCFI 398
    Decision summary
    The Court determined, as a preliminary issue, that enforcement of the 17 February 2011 arbitral award was barred by the six-year limitation period in section 4(1)(c) of the Limitation Ordinance when CL instituted Hong Kong enforcement proceedings on 6 February 2018. It ordered nisi that CL pay SCG's application costs, with a certificate for counsel.

    Supporting details

    11 authorities · 7 participants
    CL
    Representative
    John Litton QC (For: CL)
    Representative
    Holman Fenwick Willan (For: CL)
    SCG
    Representative
    Samuel Wong (For: SCG)
    Representative
    Sit, Fung, Kwong & Shum (For: SCG)
    High Court of the Hong Kong Special Administrative Region, Court of First Instance

    Authorities cited

    11
    • Hong Kong Limitation Ordinance (Cap. 347)
      statute
    • Hong Kong Arbitration Ordinance (Cap. 341)
      statute
    • Hong Kong Arbitration Ordinance (Cap. 609)
      statute
    • Arrangement Concerning Mutual Enforcement of Arbitral Awards between the Mainland and the Hong Kong Special Administrative Region
      treaty
    • Xiamen Xinjingdi Group Ltd v Eton Properties Ltd ([2016] HKLRD 1106)
      case law
    • Russell on Arbitration, 24th edition
      academic
    • National Ability SA v Tinna Oils & Chemicals Ltd ([2010] 1 Lloyd's Rep 222)
      case law
    • Agromet v Moulden Engineering Ltd ([1985] 1 WLR 762)
      case law
    • Mustill and Boyd Commercial Arbitration
      academic
    • International Bulk Shipping and Services Ltd v Minerals and Metals Trading Corp of India ([1996] 1 All ER 1017)
      case law
    • Shenzhen Kai Loong Investment and Development Co Ltd v CEC Electrical Manufacturing (International) Co Ltd ([2001-2003] HKCLRT 649)
      case law

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CL v SCG (High Court of Hong Kong HCCT 9/2018) · Matter