Arbitral Digest

Matter

GD v HY (Hong Kong High Court HCCT 76/2021 [2021] HKCFI 3900)

  1. 10 September 2021Arbitration

    10 September 2021Arbitration

    Emergency Arbitrator Award dated 10 September 2021

    Decision summary
    The emergency arbitrator granted relief restraining HY from removing, encumbering, dissipating or otherwise disposing of his property and requiring disclosure of his assets, pending further order or award in the arbitration or its termination.

    Supporting details

    2 participants
    GD
    HY

    3 months and 20 days later · 111 days

  2. 30 December 2021Hong Kong

    30 December 2021Hong Kong

    Decision of the Court of First Instance of the High Court of the Hong Kong Special Administrative Region in the case HCCT 76/2021 dated 30 December 2021

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

    Case no.
    HCCT 76/2021
    Citation
    [2021] HKCFI 3900
    Decision summary
    The Court set aside the Enforcement Order that had enforced the emergency arbitrator's relief. It held that the arbitration clause in GD's fifth extension letter was not a valid variation of the Loan Agreement because the letter was signed by GD and HY but not by the other parties, whereas clause 15 required a written amendment signed by all parties. HY's challenge based on lack of proper notice was not pursued at the hearing.

    Supporting details

    4 authorities · 3 participants
    GD
    HY
    Court of First Instance of the High Court of the Hong Kong Special Administrative Region

    Authorities cited

    4
    • Hong Kong Arbitration Ordinance, Cap 609
      statute
    • Hong Kong Rules of the High Court, Cap 4A
      statute
    • S Co v B Co [2014] 6 HKC 421
      case law
    • Raja v Rubin [2000] Ch 274
      case law

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GD v HY (Hong Kong High Court HCCT 76/2021 [2021] HKCFI 3900) · Matter