Arbitral Digest

Matter

COG v ES (High Court of Hong Kong HCMP 172/2022)

Applicable rules
CIETAC Rules
  1. 11 November 2021Arbitration

    11 November 2021Arbitration

    CIETAC Arbitral Award dated 11 November 2021

    CIETAC

    Decision summary
    The award ordered ES to pay COG US$21,072,360.54 as principal, liquidated damages at 3.85% per annum on that principal sum from 27 May 2016 until payment, legal fees of RMB 300,000, and an arbitration fee of RMB 1,118,705.60.

    Supporting details

    2 participants
    COG
    ES
    CIETAC

    7 months and 13 days later · 225 days

  2. 24 June 2022Hong Kong

    24 June 2022Hong Kong

    Order of the High Court of Hong Kong in the case HCMP 172/2022 dated 24 June 2022

    High Court of Hong Kong

    Case no.
    HCMP 172/2022
    Decision summary
    The High Court of Hong Kong granted COG leave to enforce the CIETAC arbitral award against ES.

    Supporting details

    2 participants
    COG
    ES
    High Court of Hong Kong

    7 months and 9 days later · 223 days

  3. 2 February 2023Hong Kong

    2 February 2023Hong Kong

    Reasons for Decision of the High Court of Hong Kong in the case HCMP 172/2022 dated 2 February 2023

    High Court of Hong Kong

    Case no.
    HCMP 172/2022
    Decision summary
    The High Court of Hong Kong dismissed ES's application to set aside the order enforcing the CIETAC award and ordered costs on an indemnity basis. It held that ES had a reasonable opportunity to present its case, that the award was manifestly valid, and that enforcement should proceed immediately; it rejected the public-policy and due-process objections and declined to stay enforcement pending a new arbitration.

    Supporting details

    7 authorities · 7 participants
    COG
    Representative
    Terence Wong (For: COG)
    Representative
    Loeb & Loeb LLP (For: COG)
    ES
    Representative
    Kelly Cheng (For: ES)
    Representative
    Grandall Zimmern Law Firm (For: ES)
    High Court of Hong Kong

    Authorities cited

    7
    • Hong Kong Arbitration Ordinance (Cap 609)
      statute
    • Rules of the High Court (Cap 4A)
      statute
    • Soleh Boneh International Ltd v Government of the Republic of Uganda ([1993] 2 Lloyd's Rep 208)
      case law
    • Guo Shun Kai v Wing Shing Chemical Co Ltd ([2013] 3 HKLRD 484)
      case law
    • Dana Shipping and Trading SA v Sino Channel Asia Ltd ([2017] 1 HKC 281)
      case law
    • R v F ([2012] 5 HKLRD 278)
      case law
    • Guangdong Overseas Shenzhen Co Ltd v Yao Shun Group International Ltd ([1998] 1 HKC 451)
      case law

Matter record

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COG v ES (High Court of Hong Kong HCMP 172/2022) · Matter