This is an applcation by Kei Kin Hung to set aside an order granting the respondent, Hua She Asset Management (Shanghai) Co. Ltd ("Hua She"), permission to enforce an arbitration award obtained by it against Mr Kei and simultaneously granting a freezing injunction against his assets in the UK.
The application is brought under s. 103(2)(c) of the Arbitration Act 1996 (the "Act") which provides that:
"Recognition or enforcement of the award may be refused if the person against whom it is invoked proves -
(c) that he was not given proper notice of the appointment of the arbitrator or of the arbitration proceedings or was otherwise unable to present his case;"
Hua She resists the application on the basis that Mr Kei unsuccessfully applied to have the award set aside by the supervisory court of the arbitration on the same or substantially the same grounds as are now raised in England and that he is accordingly estopped from having a second bite at the cherry. Alternatively, it would be an abuse of process for him to do so.