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K v T ([2022] HKCFI 1194, HCCT 53/2021, 26 April 2022) was a court application made by the Respondent in the arbitration for an extension of time to set aside an arbitral award. ...
K v T ([2022] HKCFI 1194, HCCT 53/2021, 26 April 2022) was a court application made by the Respondent in the arbitration for an extension of time to…
The car had a siginificant manufacturing defects that lead to severe engine damage.
The case involved how the Hong Kong Court of First Instance (the “ Court”) approached an attempt to resist enforcement of an arbitral award obtained in Mainland China on the basis of the award debtor’s claim of forgery of the underlying agreement. Laws on enforcement of Mainland awards in Hong Kong Given that Hong Kong is part of the PRC, strictly speaking the New York Convention does not apply to assist in cross-border enforcement of arbitration awards. To solve this, Hong Kong and Mainland China put in place an arrangement to facilitate mutual cross-border enforcement. The Arrangement...
[co-author: Carrie Yiu] In T v W (HCA 366/2020, [2020] HKCFI 2918), the Hong Kong Court of First Instance considered the interesting question of whether a claim made on a dishonoured cheque was caught by and fell within the application of an arbitration clause in the underlying loan agreement in respect of which the cheque was issued. The Loan Agreement and the Cheque On 22 March 2019, the Plaintiff (as the lender) and the Defendant (as the borrower) entered into an agreement for a loan of HK$5 million with monthly interest of 2.5% (the “ Loan Agreement”). The Loan Agreement provided tha...