Matter
Construction Company v Guarantor (Court of First Instance of the High Court of Hong Kong HCCT 15/2021)
- 30 October 2020United States
30 October 2020United States
Decision on jurisdiction
American Arbitration Association
- Decision summary
- The arbitrator confined the arbitration to whether the Guarantor had made the Funding Schedule Payments required by the Parent Company Guarantee. Construction payment, accounting, licensing, and related issues concerning the underlying construction contract were outside the arbitrator's jurisdiction.
Supporting details
3 participantsConstruction Company
Guarantor
American Arbitration Association
- Institutional administrator
- American Arbitration Association
25 days later · 25 days
- 24 November 2020United States
24 November 2020United States
Final Arbitration Award
American Arbitration Association
- Decision summary
- The arbitrator allowed Construction Company's claim for Guarantor's non-payment under the Parent Company Guarantee and awarded US$38,440,000, together with interest and costs.
Supporting details
3 participantsConstruction Company
Guarantor
American Arbitration Association
- Institutional administrator
- American Arbitration Association
6 months and 22 days later · 203 days
- 15 June 2021United States
15 June 2021United States
Judgment of the United States Federal District Court dated 15 June 2021
- Decision summary
- The United States Federal District Court confirmed the Final Arbitration Award and denied Guarantor's motion to vacate it. The court upheld the arbitrator's determination that the Parent Company Guarantee was valid and enforceable and that the award was consistent with its terms.
Supporting details
2 participantsConstruction Company
Guarantor
2 months and 16 days later · 77 days
- 31 August 2021Hong Kong
31 August 2021Hong Kong
Reasons for Decision of the Court of First Instance of the High Court of Hong Kong in the case HCCT 15/2021 dated 31 August 2021
Court of First Instance of the High Court of Hong Kong
- Citation
- [2021] HKCFI 2558
- Decision summary
- The Court dismissed Guarantor's application to set aside the order enforcing the Final Arbitration Award. It held that the arbitration agreement was valid, Guarantor had not shown that it was unable to present its case, and enforcement was not contrary to Hong Kong public policy. The Court ordered Guarantor to pay the costs of the setting-aside and security applications on an indemnity basis; the security application was not considered because adjournment of the enforcement application was not sought.
Supporting details
8 authorities · 8 participantsConstruction Company
- Representative
- Calvin Cheuk (For: Construction Company)
- Representative
- King & Wood Mallesons (For: Construction Company)
Guarantor
- Representative
- Lau Ka Kin (For: Guarantor)
- Representative
- Deacons (For: Guarantor)
Court of First Instance of the High Court of Hong Kong
- Judge
- Mimmie Chan
Other
- Witness
- W