Arbitral Digest

Matter

Chu Kong v Lau Wing Yan and Others (Hong Kong Court of Appeal CACV 105/2018)

  1. 30 October 2017Hong Kong

    30 October 2017Hong Kong

    Decision of the High Court of the Hong Kong Special Administrative Region in the case HCA 226/2017 dated 30 October 2017

    High Court of the Hong Kong Special Administrative Region

    Case no.
    HCA 226/2017
    Decision summary
    The High Court refused Ever Ning Shipping and Trading Limited's application to stay Chu Kong's action against it pending arbitration. It held that there was no substantive dispute between Chu Kong and Ever Ning and that Chu Kong could not commence arbitration derivatively on behalf of Giant Progress Limited.

    Supporting details

    4 participants
    Chu Kong
    Giant Progress Limited
    Ever Ning Shipping and Trading Limited
    High Court of the Hong Kong Special Administrative Region

    1 year, 1 month and 27 days later · 423 days

  2. 27 December 2018Hong Kong

    27 December 2018Hong Kong

    Judgment of the Court of Appeal of the High Court of the Hong Kong Special Administrative Region in the case CACV 105/2018 dated 27 December 2018

    Court of Appeal of the High Court of the Hong Kong Special Administrative Region

    Case no.
    CACV 105/2018
    Citation
    [2018] HKCA 1010
    Decision summary
    The Court of Appeal allowed Ever Ning Shipping and Trading Limited's appeal, set aside the order refusing a stay, and ordered that Chu Kong's action against Ever Ning be stayed pending arbitration. The court held that the disputes concerning the validity of the Supplemental Agreement were real and substantive and fell within the arbitration agreement; it also ordered costs on an indemnity basis, subject to taxation if not agreed.

    Supporting details

    2 authorities · 17 participants
    Application
    Ever Ning Shipping and Trading Limited's application to stay the action pending arbitration — Granted on appeal
    Chu Kong
    Representative
    Jose Maurellet SC (For: Chu Kong)
    Representative
    Michael Lok (For: Chu Kong)
    Representative
    Jasmine Cheung (For: Chu Kong)
    Representative
    Sit, Fung, Kwong & Shum (For: Chu Kong)
    Starry Fortune Global Limited
    All Brilliant Investments Limited
    Giant Progress Limited
    Lau Wing Yan
    Giant Shine Limited
    Wong Wing Yee
    Ever Ning Shipping and Trading Limited
    Representative
    Charles Sussex SC (For: Ever Ning Shipping and Trading Limited)
    Representative
    Justin Lam (For: Ever Ning Shipping and Trading Limited)
    Representative
    Reed Smith Richards Butler (For: Ever Ning Shipping and Trading Limited)
    Court of Appeal of the High Court of the Hong Kong Special Administrative Region

    Authorities cited

    2
    • Hong Kong Arbitration Ordinance, Cap 609
      statute
    • Tommy CP Sze & Co v Li & Fung (Trading) Ltd & Others [2003] 1 HKC 418
      case law

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Chu Kong v Lau Wing Yan and Others (Hong Kong Court of Appeal CACV 105/2018) · Matter