Arbitral Digest

Matter

CNG v G and Another (High Court of Hong Kong HCCT 29/2023; [2024] HKCFI 575)

  1. 8 February 2023Arbitration

    8 February 2023Arbitration

    First Partial Award

    Hong Kong International Arbitration Centre

    Decision summary
    The tribunal found for the G Parties on the Share Transfer Claim. It held that CNG's Notice Letter was an irrevocable Transfer Notice under the Shareholders' Agreement, that the G Parties accepted it within the stated period, and that CNG was bound to sell its SIL shares to the G Parties for US$86.32 million. The Defaulting Shareholder Claim was alternative and required no operative order after the decision on the Share Transfer Claim.

    Supporting details

    3 participants
    CNG
    G
    G
    Hong Kong International Arbitration Centre

    1 year and 19 days later · 384 days

  2. 27 February 2024Hong Kong

    27 February 2024Hong Kong

    Reasons for Decision of the High Court of the Hong Kong Special Administrative Region, Court of First Instance in the case HCCT 29/2023 dated 27 February 2024

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

    Case no.
    HCCT 29/2023
    Citation
    [2024] HKCFI 575
    Decision summary
    The Court dismissed CNG's application to set aside the First Partial Award. It rejected CNG's complaints that the tribunal had failed to deal with key issues or give reasons, that CNG had been unable to present its case, and that the arbitral procedure had departed from the parties' agreement. It found no public-policy ground for setting aside the Award and ordered CNG to pay the G Parties' costs on an indemnity basis, with a certificate for three counsel.

    Supporting details

    10 authorities · 12 participants
    CNG
    Representative
    Teresa Cheng (For: CNG)
    Representative
    Jason Yu (For: CNG)
    Representative
    Natalie So (For: CNG)
    Representative
    Linklaters (For: CNG)
    G
    Representative
    Benjamin Yu (For: G · G)
    Representative
    Ali Malek (For: G · G)
    Representative
    Danny Tang (For: G · G)
    Representative
    Gibson, Dunn & Crutcher (For: G · G)
    G
    Representative
    Benjamin Yu (For: G · G)
    Representative
    Ali Malek (For: G · G)
    Representative
    Danny Tang (For: G · G)
    Representative
    Gibson, Dunn & Crutcher (For: G · G)
    High Court of the Hong Kong Special Administrative Region, Court of First Instance

    Authorities cited

    10
    • Hong Kong Arbitration Ordinance
      statute
    • AI & ors v LG II ([2023] 4 HKC 135)
      case law
    • Petrochemical Industries v Dow Chemical ([2012] EWHC 2739 (Comm))
      case law
    • Buyuk Camlica Shipping Trading & Industry Co Inc v Progress Bulk Carriers Ltd ([2010] EWHC 442 (Comm))
      case law
    • LY v HW ([2022] HKCFI 2267)
      case law
    • AKN & anor v ALC & ors ([2015] 3 SLR 488)
      case law
    • Brunswick Bowling & Billiards v Shanghai Zhonglu ([2011] 1 HKLRD 707)
      case law
    • COG v ES ([2023] HKCFI 294)
      case law
    • Wood v Capita ([2017] AC 1173)
      case law
    • Model Law
      treaty
  3. Date not availableArbitration

    Date not availableArbitration

    Order under the Defaulting Shareholder Claim

    Hong Kong International Arbitration Centre

    Decision summary
    The tribunal reserved power to give further or other directions in respect of the Share Transfer Claim and the Defaulting Shareholder Claim.

    Supporting details

    3 participants
    CNG
    G
    G
    Hong Kong International Arbitration Centre

Matter record

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CNG v G and Another (High Court of Hong Kong HCCT 29/2023; [2024] HKCFI 575) · Matter