Arbitral Digest

Matter

CMBICDHAW Investments Limited v CDH Fund V Limited Partnership and Others (Hong Kong Court of Appeal CACV 172/2023, [2024] HKCA 516)

Seat
Hong Kong
Applicable rules
ICC Rules of Arbitration
  1. 10 March 2022Hong Kong

    10 March 2022Hong Kong

    Arbitral Award dated 10 March 2022

    International Chamber of Commerce

    Decision summary
    The arbitrator found no jurisdiction to grant an anti-suit injunction at the request of Li Lei, Xiong Fei and CDH Investments Management (Hong Kong) Limited, because they were not parties to the Co-Investment Agreement. The arbitrator found that CMBICDHAW's Hong Kong court action did not breach the arbitration agreement and awarded no damages for breach, but held that it had jurisdiction to grant CDH Fund V Limited Partnership and CDH Grand Cattle Holdings Limited declarations of non-liability concerning the allegations in that action. CMBICDHAW was ordered to pay HK$8,374,125.15 in legal fees and expenses and 50% of the emergency arbitrator costs.

    Supporting details

    6 participants
    CMBICDHAW Investments Limited
    CDH Fund V Limited Partnership
    CDH Grand Cattle Holdings Limited
    CDH Investments Management (Hong Kong) Limited
    Li Lei
    Xiong Fei
    International Chamber of Commerce

    1 year and 5 days later · 370 days

  2. 15 March 2023Hong Kong

    15 March 2023Hong Kong

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

    High Court of Hong Kong

    Case no.
    HCCT 34/2022
    Decision summary
    The Court held that the arbitrator lacked jurisdiction to make the challenged declaration and related parts of the award because no dispute had arisen between CMBICDHAW Investments Limited and CDH Fund V Limited Partnership or CDH Grand Cattle Holdings Limited. It also held that the challenged parts conflicted with Hong Kong public policy and set them aside, with costs payable on the indemnity basis.

    Supporting details

    3 authorities · 4 participants
    Application
    Application to set aside parts of the arbitral award — Granted
    CMBICDHAW Investments Limited
    CDH Fund V Limited Partnership
    CDH Grand Cattle Holdings Limited
    High Court of Hong Kong

    Authorities cited

    3
    • Hong Kong Arbitration Ordinance (Arbitration Ordinance (Cap 609))
      statute
    • UNCITRAL Model Law on International Commercial Arbitration
      treaty
    • Hong Kong Limitation Ordinance (Limitation Ordinance (Cap 347))
      statute

    1 year, 3 months and 25 days later · 483 days

  3. 10 July 2024Hong Kong

    10 July 2024Hong Kong

    Judgment of the Court of Appeal of the High Court of Hong Kong in the case CACV 172/2023 dated 10 July 2024

    Court of Appeal of the High Court of Hong Kong

    Case no.
    CACV 172/2023
    Citation
    [2024] HKCA 516
    Decision summary
    The Court of Appeal dismissed the appeal from the setting-aside decision. On a de novo review, it held that no qualifying dispute existed between CMBICDHAW Investments Limited and CDH Fund V Limited Partnership or CDH Grand Cattle Holdings Limited when the arbitration was commenced, so the arbitrator lacked jurisdiction to grant the challenged declaration. The Court also held that the relevant parts of the award conflicted with Hong Kong public policy because the arbitration was an abuse of process, and ordered the defendants to pay the plaintiff's appeal costs on the indemnity basis.

    Supporting details

    3 authorities · 12 participants
    Application
    Appeal against setting aside of parts of the arbitral award — Dismissed
    CMBICDHAW Investments Limited
    Representative
    Barrie Barlow SC (For: CMBICDHAW Investments Limited)
    Representative
    Eva Leung (For: CMBICDHAW Investments Limited)
    CDH Fund V Limited Partnership
    Representative
    Benjamin Yu SC (For: CDH Fund V Limited Partnership · CDH Grand Cattle Holdings Limited · CDH Investments Management (Hong Kong) Limited)
    Representative
    Sara Tong SC (For: CDH Fund V Limited Partnership · CDH Grand Cattle Holdings Limited · CDH Investments Management (Hong Kong) Limited)
    Representative
    Keith Chan (For: CDH Fund V Limited Partnership · CDH Grand Cattle Holdings Limited · CDH Investments Management (Hong Kong) Limited)
    CDH Grand Cattle Holdings Limited
    Representative
    Benjamin Yu SC (For: CDH Fund V Limited Partnership · CDH Grand Cattle Holdings Limited · CDH Investments Management (Hong Kong) Limited)
    Representative
    Sara Tong SC (For: CDH Fund V Limited Partnership · CDH Grand Cattle Holdings Limited · CDH Investments Management (Hong Kong) Limited)
    Representative
    Keith Chan (For: CDH Fund V Limited Partnership · CDH Grand Cattle Holdings Limited · CDH Investments Management (Hong Kong) Limited)
    CDH Investments Management (Hong Kong) Limited
    Representative
    Benjamin Yu SC (For: CDH Fund V Limited Partnership · CDH Grand Cattle Holdings Limited · CDH Investments Management (Hong Kong) Limited)
    Representative
    Sara Tong SC (For: CDH Fund V Limited Partnership · CDH Grand Cattle Holdings Limited · CDH Investments Management (Hong Kong) Limited)
    Representative
    Keith Chan (For: CDH Fund V Limited Partnership · CDH Grand Cattle Holdings Limited · CDH Investments Management (Hong Kong) Limited)
    Court of Appeal of the High Court of Hong Kong

    Authorities cited

    3
    • Hong Kong Arbitration Ordinance (Arbitration Ordinance (Cap 609))
      statute
    • UNCITRAL Model Law on International Commercial Arbitration
      treaty
    • Hong Kong Limitation Ordinance (Limitation Ordinance (Cap 347))
      statute

Matter record

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CMBICDHAW Investments Limited v CDH Fund V Limited Partnership and Others (Hong Kong Court of Appeal CACV 172/2023, [2024] HKCA 516) · Matter