Court's power to stay arbitration proceedings in Hong Kong | Practical Law

Court's power to stay arbitration proceedings in Hong Kong | Practical Law

In May 2012, the Hong Kong Court of Appeal concluded a series of cases to find that Hong Kong courts do have jurisdiction to grant anti-arbitration injunctions, but only in the most extreme circumstances. There is an apparent conflict in Hong Kong law between the Hong Kong Arbitration Ordinance, which supports the notion that such injunctions can only be granted in very narrow circumstances, and the Hong Kong High Court Ordinance, which gives the courts broad discretionary power to grant injunctive relief when it appears just or convenient to do so. The court ruled that although Hong Kong courts do have powers under the Hong Kong High Court Ordinance, the hurdle that applicants must overcome to gain an anti-arbitration injunction remains high.

Court's power to stay arbitration proceedings in Hong Kong

Practical Law UK Articles 5-521-0203 (Approx. 3 pages)

Court's power to stay arbitration proceedings in Hong Kong

by James Rogers and Matthew Townsend, Fulbright and Jaworski
Law stated as at 01 Sep 2012Hong Kong - PRC
In May 2012, the Hong Kong Court of Appeal concluded a series of cases to find that Hong Kong courts do have jurisdiction to grant anti-arbitration injunctions, but only in the most extreme circumstances. There is an apparent conflict in Hong Kong law between the Hong Kong Arbitration Ordinance, which supports the notion that such injunctions can only be granted in very narrow circumstances, and the Hong Kong High Court Ordinance, which gives the courts broad discretionary power to grant injunctive relief when it appears just or convenient to do so. The court ruled that although Hong Kong courts do have powers under the Hong Kong High Court Ordinance, the hurdle that applicants must overcome to gain an anti-arbitration injunction remains high.