- Hong Kong—enforcement, specific performance, and public policy (G v S)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Case details
Arbitration analysis: The Hong Kong Court of First Instance (the court) determined an application by the unsuccessful respondent (S) in a China International Economic and Trade Arbitration Commission arbitration seated in Mainland China (the Arbitration). An arbitral award handed down on 3 July 2020 required S to (i) continue to perform its obligations (the specific performance order) under a 2018 co-operation agreement (the Agreement); (ii) pay certain marketing costs, (iii) provide samples, and (iv) pay costs. On 25 September 2020, the court granted an enforcement order of the award in favour of the applicant (G). S applied to have the enforcement order set aside on the grounds that (i) the enforcement of the specific performance order was contrary to public policy; (ii) the other orders were outside the scope of the arbitration agreement. The court was also required to consider whether the orders contained in an arbitral award could be severable and enforced separately. The application was dismissed. Written by Andrew Rigden Green, partner and head of International Arbitration, Greater China, Stephenson Harwood, Hong Kong.
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