Arbitral Digest

Matter

Gorthy Anil Kumar v PAG Holdings Limited (Hong Kong High Court HCA 3040/2016 and HCMP 282/2017)

Case no.
22294/PTA
Seat
Hong Kong
Applicable rules
ICC Rules of Arbitration
  1. 15 May 2017Hong Kong

    15 May 2017Hong Kong

    Partial Award on Joinder and Jurisdiction dated 15 May 2017

    International Chamber of Commerce International Court of Arbitration

    Decision summary
    The tribunal found the request to join Pacific Alliance Investment Management (HK) Limited inadmissible, held that it had no jurisdiction over the disputes between that company and Gorthy Anil Kumar, dismissed the company from the arbitration, dismissed the other relief sought in connection with joinder, and reserved the remaining claims for a future award.

    Supporting details

    3 participants
    Gorthy Anil Kumar
    PAG Holdings Limited
    Pacific Alliance Investment Management (HK) Limited
    International Chamber of Commerce International Court of Arbitration

    1 month and 3 days later · 34 days

  2. 18 June 2017Hong Kong

    18 June 2017Hong Kong

    Supplementary Award dated 18 June 2017

    International Chamber of Commerce International Court of Arbitration

    Decision summary
    The tribunal declined the respondent's invitation to terminate the arbitration, directed that PAG Holdings Limited's claims and Gorthy Anil Kumar's counterclaims would be adjudicated, and gave further procedural directions. Reasons were issued on 30 June 2017.

    Supporting details

    1 authority · 2 participants
    Gorthy Anil Kumar
    PAG Holdings Limited
    International Chamber of Commerce International Court of Arbitration

    Authorities cited

    1
    • Hong Kong Arbitration Ordinance (Cap 609)
      statute

    1 month and 3 days later · 33 days

  3. 21 July 2017Hong Kong

    21 July 2017Hong Kong

    Decision of the High Court of the Hong Kong Special Administrative Region, Court of First Instance in the cases HCA 3040/2016 and HCMP 282/2017 dated 21 July 2017

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

    Case no.
    HCA 3040/2016; HCMP 282/2017
    Decision summary
    The court declined to stay HCA 3040/2016 in favour of the ICC arbitration and declined to grant an anti-suit injunction in HCMP 282/2017. It ordered Pacific Alliance Investment Management (HK) Limited and PAG Consulting Limited to pay Gorthy Anil Kumar's costs of the stay summons, and PAG Holdings Limited to pay his costs of the originating summons, with a certificate for counsel in both cases.

    Supporting details

    12 authorities · 11 participants
    Application
    Stay application in HCA 3040/2016 — Declined
    Application
    Anti-suit injunction application in HCMP 282/2017 — Declined
    Gorthy Anil Kumar
    Representative
    Jin Pao (For: Gorthy Anil Kumar)
    Representative
    Sarah Tong (For: Gorthy Anil Kumar)
    Representative
    Reed Smith Richards Butler (For: Gorthy Anil Kumar)
    Pacific Alliance Investment Management (HK) Limited
    Representative
    Jose-Antonio Maurellet (For: Pacific Alliance Investment Management (HK) Limited · PAG Consulting Limited · PAG Holdings Limited)
    Representative
    Tom Ng (For: Pacific Alliance Investment Management (HK) Limited · PAG Consulting Limited · PAG Holdings Limited)
    Representative
    Simmons & Simmons (For: Pacific Alliance Investment Management (HK) Limited · PAG Consulting Limited · PAG Holdings Limited)
    PAG Consulting Limited
    Representative
    Jose-Antonio Maurellet (For: Pacific Alliance Investment Management (HK) Limited · PAG Consulting Limited · PAG Holdings Limited)
    Representative
    Tom Ng (For: Pacific Alliance Investment Management (HK) Limited · PAG Consulting Limited · PAG Holdings Limited)
    Representative
    Simmons & Simmons (For: Pacific Alliance Investment Management (HK) Limited · PAG Consulting Limited · PAG Holdings Limited)
    PAG Holdings Limited
    Representative
    Jose-Antonio Maurellet (For: Pacific Alliance Investment Management (HK) Limited · PAG Consulting Limited · PAG Holdings Limited)
    Representative
    Tom Ng (For: Pacific Alliance Investment Management (HK) Limited · PAG Consulting Limited · PAG Holdings Limited)
    Representative
    Simmons & Simmons (For: Pacific Alliance Investment Management (HK) Limited · PAG Consulting Limited · PAG Holdings Limited)
    High Court of the Hong Kong Special Administrative Region, Court of First Instance

    Authorities cited

    12
    • Hong Kong High Court Ordinance (Cap 4)
      statute
    • Hong Kong Arbitration Ordinance (Cap 609)
      statute
    • Linfield Ltd v Taoho Design Architects Ltd ([2002] 2 HKC 204)
      case-law
    • AIG Europe Ltd v Fast-Link Express Ltd (HCAJ 114/2014)
      case-law
    • Princess of the Stars ([2012] EWCA Civ 1341)
      case-law
    • ED&F Man Sugar Ltd v T&L Sugars Ltd ([2016] EWHC 272 (Comm))
      case-law
    • Reichhold Norway ASA v Goldman Sachs ([2002] 1 WLR 173)
      case-law
    • Tomolugen Holdings Ltd v Silica Investors Ltd ([2015] SGCA 57)
      case-law
    • Parakou Shipping Pte Ltd v Jinhui Shipping and Transportation Ltd ([2011] 2 HKLRD 1)
      case-law
    • China North Industries Investment Ltd v Chum ([2010] 5 HKLRD 1)
      case-law
    • Genesee Enterprises Ltd v Abou-Rached (84 BCLR (3rd) 277)
      case-law
    • Spencer Bower & Handley: Res Judicata, 4th edn
      academic

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Gorthy Anil Kumar v PAG Holdings Limited (Hong Kong High Court HCA 3040/2016 and HCMP 282/2017) · Matter