K v JX - HCCT 49-2024 - 2026 HKCFI 4344 - 31 July 2026
Country
Year
2026
Summary
IN THE MATTER of the Enforcement of a Mainland arbitral award dated 29 November 2023 of Beijing Arbitration Commission (Beijing International Arbitration Centre)
On 20 May 2026, this Court handed down Judgment on the application made by the Respondent to set aside an order granting leave to the Applicant to enforce an arbitral award in a Mainland arbitration. The application was allowed and the Enforcement Order was set aside.
K as Applicant now seeks leave to appeal against the Judgment. The detailed grounds were set out in the draft Notice of Appeal. In essence, it is claimed that the Court erred in law and on fundamental principles by reviewing the findings made by the Tribunal as to the validity and binding effect of the Settlement Agreement, and had substituted the Court's own case on public policy for the case advanced by K, in deciding that it would be contrary to public policy to enforce the Award.
The grounds of appeal are founded on various erroneous bases.
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