Hong Kong Court of Final Appeal refuses leave to appeal decision to re-instate arbitral award | Practical Law

Hong Kong Court of Final Appeal refuses leave to appeal decision to re-instate arbitral award | Practical Law

The Hong Kong Court of Final Appeal has refused leave to appeal in the Pacific China Holdings Limited (In Liquidation) v Grand Pacific Holdings Limited dispute.

Hong Kong Court of Final Appeal refuses leave to appeal decision to re-instate arbitral award

Practical Law UK Legal Update Case Report 6-524-8229 (Approx. 3 pages)

Hong Kong Court of Final Appeal refuses leave to appeal decision to re-instate arbitral award

by John Choong (Counsel), Freshfields Bruckhaus Deringer
Published on 05 Mar 2013Hong Kong - PRC
The Hong Kong Court of Final Appeal has refused leave to appeal in the Pacific China Holdings Limited (In Liquidation) v Grand Pacific Holdings Limited dispute.
On 21 February 2013, the Court of Final Appeal refused leave to appeal a Court of Appeal judgment re-instating an arbitral award that the Court of First Instance had previously set aside.
In the Pacific China Holdings Limited (In Liquidation) v Grand Pacific Holdings Limited dispute, Grand Pacific obtained an arbitral award against Pacific China. At the Court of First Instance, Pacific China succeeded in setting aside the award. At the Court of Appeal, Grand Pacific succeeded in overturning the Court of First Instance judgment and thereby re-instating the award (see Legal update, Hong Kong Court of Appeal declines to set aside ICC award). Pacific China sought leave from the Court of Final Appeal to appeal the Court of Appeal judgment.
The Court of Final Appeal has refused leave, stating that "the rulings complained of were made by the tribunal in the proper exercise of its procedural and case management discretions" and could not be of "great general or public importance" for granting leave under the Court of Final Appeal Ordinance (Cap 484).