Anti-arbitration injunctions against late fraud challenges to awards (G v CNG)
Arbitration analysis: In G v CNG, Madam Justice Mimmie Chan granted an anti‑arbitration injunction (AAI) restraining CNG from pursuing a new HKIAC arbitration (HKIAC/25187, the ‘25187 Arbitration’). In the 25187 Arbitration, CNG sought to (i) rescind the SPA/SHA (defined below) underlying the parties’ Hong Kong‑seated Original Arbitration (defined below) and (ii) avoid or set aside earlier partial final awards and restrain their enforcement, relying on newly alleged bribery and fraud claims. Her Ladyship also dismissed CNG’s stay summonses seeking to stay execution of Hong Kong enforcement orders granting leave to enforce Partial Final Award 1 (PFA1) and Partial Final Award 3 (PFA3). The decision upholds the finality of arbitral awards. It reaffirms that section 81 Arbitration Ordinance (Cap. 609) (AO) provides the exclusive recourse against a Hong Kong‑seated award. The three‑month statutory limit to set aside an award is absolute, even if fraud is allegedly discovered after the deadline. Consequently, attempts to circumvent this regime by re‑casting a late challenge as a fresh arbitration were condemned as an impermissible collateral attack and an abuse of process. Written by Min Li, partner, Reed Smith Richards Butler LLP; Max Lam, associate, Reed Smith Richards Butler LLP.