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HK—freezing order in support of London arbitration discharged (Crete Maritime Corporation v Emirates Shipping)

HK—freezing order in support of London arbitration discharged (Crete Maritime Corporation v Emirates Shipping)
Published on: 28 September 2017
Published by: LexisPSL
  • HK—freezing order in support of London arbitration discharged (Crete Maritime Corporation v Emirates Shipping)
  • Original news
  • Why is the judgment of interest to practitioners?
  • How did the court deal with the requirement of a real risk of dissipation?
  • What did the court say about the related arbitration?
  • How did the court deal with the claimant’s application for costs of the related arbitration?
  • Case details

Article summary

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. or take a trial to read the full analysis.

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