Arbitral Digest

Matter

Hebei Peak Harvest Battery Co. Ltd v Polytek Engineering Co. Ltd

  1. 26 May 1995Arbitration

    26 May 1995Arbitration

    PRC Arbitral Award dated 26 May 1995

    Decision summary
    The arbitral tribunal awarded the plaintiff the return of the 10% deposit, stated as US$730,000.

    Supporting details

    2 participants
    Hebei Peak Harvest Battery Co. Ltd
    Polytek Engineering Co. Ltd

    2 years, 9 months and 12 days later · 1019 days

  2. 10 March 1998Hong Kong

    10 March 1998Hong Kong

    Judgment of the Court of Appeal of the High Court of the Hong Kong Special Administrative Region in the case CACV000224/1997 dated 10 March 1998

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

    Case no.
    CACV000224/1997
    Decision summary
    The Court of Appeal allowed the defendant's appeal, set aside the order below, and remitted the matter to the Court of First Instance for rehearing and directions. The rehearing was to determine whether the parties had made an arbitration agreement on 8 March 1991 and whether the plaintiff company had ceased to exist, if so when. The court made an order nisi for costs against the plaintiff here and below.

    Supporting details

    7 authorities · 10 participants
    Hebei Peak Harvest Battery Co. Ltd
    Representative
    Teresa Cheng (For: Hebei Peak Harvest Battery Co. Ltd)
    Representative
    David Y Y Fung & Co. (For: Hebei Peak Harvest Battery Co. Ltd)
    Polytek Engineering Co. Ltd
    Representative
    Ronny K W Tong SC (For: Polytek Engineering Co. Ltd)
    Representative
    Benjamin Chain (For: Polytek Engineering Co. Ltd)
    Representative
    W K To & Co. (For: Polytek Engineering Co. Ltd)
    Court of Appeal of the High Court of the Hong Kong Special Administrative Region
    Judge
    B Liu

    Authorities cited

    7
    • Hong Kong Arbitration Ordinance, Cap. 341
      statute
    • People's Republic of China Several Provisions Concerning the Investments Made by the Various Parties to Chinese-Foreign Equity Joint Ventures
      statute
    • People's Republic of China Notice on Strengthening of Control over the Examination, Approval and Registration of the Establishment of Foreign Investment Enterprises and Their Business Registration
      statute
    • People's Republic of China Arbitration Law
      statute
    • China Nanhai Oil Joint Service Corp Shenzhen Branch v Gee Tai Holdings Co. Ltd ([1994] 3 HKC 375)
      case-law
    • Paklito Investment Limited v Klockner East Asia Ltd ([1993] 2 HKLR 39)
      case-law
    • Spencer Bower & Turner on Estoppel by Representation
      academic
  3. Date not availableHong Kong

    Date not availableHong Kong

    Order of Findlay J.

    High Court of Hong Kong

    Decision summary
    Findlay J. dismissed the defendant's application to stay or set aside the enforcement order, and the contractor obtained leave to appeal against the arbitral award in part.

    Supporting details

    3 participants
    Hebei Peak Harvest Battery Co. Ltd
    Polytek Engineering Co. Ltd
    High Court of Hong Kong
    Judge
    Findlay

Matter record

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Hebei Peak Harvest Battery Co. Ltd v Polytek Engineering Co. Ltd · Matter