Arbitration analysis: The Hong Kong Court of First Instance has discharged a Mareva injunction (known as a freezing order in England & Wales and elsewhere) which had been granted ex parte in support of London arbitration proceedings. The decision is of interest to practitioners as it illustrates the high threshold an applicant must surmount when demonstrating a real risk of dissipation based on an allegation of unacceptably low morality on the part of the defendant. The court also made some observations of the applicant’s claim for its costs in the intended arbitration as part of the injunction.
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