Arbitral Digest

Matter

CMB v Fund, Cattle, Management, L and X (ICC Arbitration in Hong Kong)

Seat
Hong Kong
Applicable rules
ICC Arbitration Rules
Substantive governing law
Laws of the Hong Kong SAR
  1. 10 March 2022Hong Kong

    10 March 2022Hong Kong

    Final arbitral award dated 10 March 2022

    International Chamber of Commerce

    Decision summary
    The arbitrator found that L, X and Management were not parties to the co-investment contract and had no jurisdiction to grant them an anti-suit injunction. The award found that CMB's High Court action was not a breach of the arbitration agreement and that no damages were payable for breach. It made a negative declaration that Fund and Cattle had no liability to CMB for the agreement-related allegations made against them, and awarded costs to Fund and Cattle.

    Supporting details

    6 participants
    CMB
    Fund
    Cattle
    Management
    L
    X
    International Chamber of Commerce

    1 year and 5 days later · 370 days

  2. 15 March 2023Hong Kong

    15 March 2023Hong Kong

    Decision of the Court of First Instance of the High Court of Hong Kong in the case HCCT 34/2022 dated 15 March 2023

    Court of First Instance of the High Court of Hong Kong

    Case no.
    HCCT 34/2022
    Citation
    [2023] HKCFI 760
    Decision summary
    The Court held that the arbitrator had no jurisdiction to make the negative declaration because there was no dispute between CMB, Fund and Cattle. It set aside the impugned parts of the 10 March 2022 arbitral award, including the related costs orders against CMB, and ordered Fund, Cattle and Management to pay CMB's costs of the Originating Summons on an indemnity basis with a certificate for two counsel.

    Supporting details

    8 authorities · 11 participants
    CMB
    Representative
    Barrie Barlow SC (For: CMB)
    Representative
    Eva Leung (For: CMB)
    Representative
    Jones Day (For: CMB)
    Fund
    Representative
    Jeffrey Chau (For: Fund · Cattle · Management)
    Representative
    Benjamin Lam (For: Fund · Cattle · Management)
    Representative
    Guantao & Chow Solicitors and Notaries (For: Fund · Cattle · Management)
    Cattle
    Representative
    Jeffrey Chau (For: Fund · Cattle · Management)
    Representative
    Benjamin Lam (For: Fund · Cattle · Management)
    Representative
    Guantao & Chow Solicitors and Notaries (For: Fund · Cattle · Management)
    Management
    Representative
    Jeffrey Chau (For: Fund · Cattle · Management)
    Representative
    Benjamin Lam (For: Fund · Cattle · Management)
    Representative
    Guantao & Chow Solicitors and Notaries (For: Fund · Cattle · Management)
    Court of First Instance of the High Court of Hong Kong

    Authorities cited

    8
    • Arbitration Ordinance (Cap 609)
      statute
    • Hong Kong Limitation Ordinance (Cap 347)
      statute
    • S Co v B Co [2014] 6 HKC 421 ([2014] 6 HKC 421)
      case law
    • C v D [2021] 3 HKLRD 1 ([2021] 3 HKLRD 1)
      case law
    • X v Jimmy Chien [2020] HKCFI 286 ([2020] HKCFI 286)
      case law
    • Koo Ming Kwon v Rev Mr Mok Kong Ting & Ors, HCA 2337/2016 (HCA 2337/2016)
      case law
    • Hebei Import & Export Corporation v Polytek Engineering Company Limited (1992) 2 HKCFAR 111 ((1992) 2 HKCFAR 111)
      case law
    • Mustill & Boyd Commercial Arbitration, 2nd edition
      academic

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CMB v Fund, Cattle, Management, L and X (ICC Arbitration in Hong Kong) · Matter