Arbitral Digest

Matter

Hua She Asset Management (Shanghai) Company Limited v Beijing Yaolai Investment Company Limited and Kei Kin Hung (High Court of Hong Kong HCCT 16/2021)

Applicable rules
Shanghai International Economic and Trade Commission Arbitration Rules
  1. 26 October 2020Arbitration

    26 October 2020Arbitration

    Arbitral award of the Shanghai International Economic and Trade Commission dated 26 October 2020

    Shanghai International Economic and Trade Commission

    Decision summary
    The award ordered Beijing Yaolai Investment Company Limited and Kei Kin Hung to pay Hua She Asset Management (Shanghai) Company Limited RMB 158,675,747.25, with liquidated damages at 0.05% of RMB 134,537,063.24 per day from 17 April 2020 until payment.

    Supporting details

    3 participants
    Hua She Asset Management (Shanghai) Company Limited
    Beijing Yaolai Investment Company Limited
    Kei Kin Hung
    Shanghai International Economic and Trade Commission

    14 days later · 14 days

  2. 9 November 2020British Virgin Islands

    9 November 2020British Virgin Islands

    Order of the Eastern Caribbean Supreme Court of the British Virgin Islands dated 9 November 2020

    Eastern Caribbean Supreme Court of the British Virgin Islands

    Decision summary
    The Eastern Caribbean Supreme Court of the British Virgin Islands granted Hua She liberty to register and enforce the award as a judgment or order and granted a worldwide Mareva injunction against Kei Kin Hung and Sparkle Roll Holdings Ltd with disclosure obligations against Sparkle Roll Holdings Ltd.

    Supporting details

    3 participants
    Hua She Asset Management (Shanghai) Company Limited
    Kei Kin Hung
    Sparkle Roll Holdings Ltd
    Eastern Caribbean Supreme Court of the British Virgin Islands

    2 months and 16 days later · 77 days

  3. 25 January 2021British Virgin Islands

    25 January 2021British Virgin Islands

    Variation order of the Eastern Caribbean Supreme Court of the British Virgin Islands dated 25 January 2021

    Eastern Caribbean Supreme Court of the British Virgin Islands

    Decision summary
    The Eastern Caribbean Supreme Court of the British Virgin Islands varied the enforcement order to require Kei Kin Hung to disclose his personal assets.

    Supporting details

    3 participants
    Hua She Asset Management (Shanghai) Company Limited
    Kei Kin Hung
    Sparkle Roll Holdings Ltd
    Eastern Caribbean Supreme Court of the British Virgin Islands

    23 days later · 23 days

  4. 17 February 2021Hong Kong

    17 February 2021Hong Kong

    Mareva injunction order of the High Court of Hong Kong dated 17 February 2021

    High Court of Hong Kong

    Decision summary
    The High Court of Hong Kong granted Hua She a Mareva injunction order against Kei Kin Hung.

    Supporting details

    3 participants
    Hua She Asset Management (Shanghai) Company Limited
    Kei Kin Hung
    High Court of Hong Kong

    1 month and 14 days later · 42 days

  5. 31 March 2021Hong Kong

    31 March 2021Hong Kong

    Enforcement order of the High Court of Hong Kong dated 31 March 2021

    High Court of Hong Kong

    Decision summary
    The High Court of Hong Kong granted Hua She an order enforcing the award in Hong Kong against Kei Kin Hung.

    Supporting details

    3 participants
    Hua She Asset Management (Shanghai) Company Limited
    Kei Kin Hung
    High Court of Hong Kong
    Judge
    M Chan

    29 days later · 29 days

  6. 29 April 2021Hong Kong

    29 April 2021Hong Kong

    Substituted service order of the High Court of Hong Kong dated 29 April 2021

    High Court of Hong Kong

    Decision summary
    The High Court of Hong Kong granted a substituted service order for service of the Mareva injunction, as re-amended, and the enforcement order on Kei Kin Hung.

    Supporting details

    3 participants
    Hua She Asset Management (Shanghai) Company Limited
    Kei Kin Hung
    High Court of Hong Kong

    15 days later · 15 days

  7. 14 May 2021Hong Kong

    14 May 2021Hong Kong

    Order of the High Court of Hong Kong dated 14 May 2021

    High Court of Hong Kong

    Decision summary
    The High Court of Hong Kong continued the Mareva injunction, as re-amended, until the award debt was fully satisfied.

    Supporting details

    3 participants
    Hua She Asset Management (Shanghai) Company Limited
    Kei Kin Hung
    High Court of Hong Kong
    Judge
    L Wong

    2 months and 2 days later · 63 days

  8. 16 July 2021United Kingdom

    16 July 2021United Kingdom

    Judgment of the High Court of Justice of England and Wales, Commercial Court, dated 16 July 2021

    High Court of Justice of England and Wales, Commercial Court

    Decision summary
    The High Court of Justice of England and Wales gave judgment against Kei Kin Hung in the terms of the award and granted a domestic freezing injunction against his assets.

    Supporting details

    2 participants
    Hua She Asset Management (Shanghai) Company Limited
    Kei Kin Hung
    High Court of Justice of England and Wales, Commercial Court

    5 months and 11 days later · 164 days

  9. 27 December 2021China

    27 December 2021China

    Decision of the Shanghai Second Intermediate Court dated 27 December 2021

    Shanghai Second Intermediate Court

    Decision summary
    The Shanghai Second Intermediate Court dismissed Kei Kin Hung's application to set aside the award.

    Supporting details

    2 participants
    Hua She Asset Management (Shanghai) Company Limited
    Kei Kin Hung
    Shanghai Second Intermediate Court

    2 months and 26 days later · 88 days

  10. 25 March 2022United Kingdom

    25 March 2022United Kingdom

    Judgment of the High Court of Justice of England and Wales, Commercial Court, dated 25 March 2022

    High Court of Justice of England and Wales, Commercial Court

    Decision summary
    The High Court of Justice of England and Wales dismissed Kei Kin Hung's application to set aside the domestic freezing injunction.

    Supporting details

    2 participants
    Hua She Asset Management (Shanghai) Company Limited
    Kei Kin Hung
    High Court of Justice of England and Wales, Commercial Court

    4 months and 21 days later · 143 days

  11. 15 August 2022Hong Kong

    15 August 2022Hong Kong

    Decision of the High Court of Hong Kong in the case HCCT 16/2021 dated 15 August 2022

    High Court of Hong Kong

    Case no.
    HCCT 16/2021
    Citation
    [2022] HKCFI 2549
    Decision summary
    The High Court of Hong Kong granted Hua She's application requiring Kei Kin Hung to provide security as a condition of proceeding with his out-of-time application to set aside the enforcement order. It allowed 21 days for payment, reduced security for costs to HK$1,000,000, and ordered security of RMB 100 million for the award debt; the application costs were to be summarily assessed.

    Supporting details

    7 authorities · 8 participants
    Hua She Asset Management (Shanghai) Company Limited
    Representative
    Payne (For: Hua She Asset Management (Shanghai) Company Limited)
    Representative
    Georgiou Payne Stewien LLP (For: Hua She Asset Management (Shanghai) Company Limited)
    Beijing Yaolai Investment Company Limited
    Kei Kin Hung
    Representative
    Adrian Kwan (For: Kei Kin Hung)
    Representative
    Huen & Partners (For: Kei Kin Hung)
    High Court of Hong Kong

    Authorities cited

    7
    • Hong Kong Arbitration Ordinance (Cap 609)
      statute
    • Rules of the High Court (Cap 4A)
      procedural rules
    • Soleh Boneh International Ltd v Government of the Republic of Uganda ([1993] 2 Lloyd's Rep 208, CA)
      case law
    • Good Challenger Navegante SA v Metalexportimport SA ([2003] EWCA Civ 1668)
      case law
    • Carpatsky Petroleum Corp v Ukrnafta ([2020] EWHC 769 (Comm))
      case law
    • Kei Kin Hung v Hua She Asset Management (Shanghai) Co Ltd ([2022] EWHC 622 (Comm))
      case law
    • Hong Kong Civil Procedure 2022 (HKCP 2022, vol 1, [73/10/9])
      procedural text

Matter record

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Hua She Asset Management (Shanghai) Company Limited v Beijing Yaolai Investment Company Limited and Kei Kin Hung (High Court of Hong Kong HCCT 16/2021) · Matter