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Hong Kong enforcement of awardsnew york conventionwaiver estoppel

China Nanhai Oil Joint Service Corp v Gee Tai Holdings Co Ltd (CA)

China Nanhai Oil Joint Service Corp Shenzhen Branch v Gee Tai Holdings Co Ltd [1995] 2 HKLR 215; [1994] 3 HKC 375 (HCMP 2411/1992, Supreme Court of Hong Kong, Kaplan J, 13 July 1994)
JurisdictionHong Kong
CourtHong Kong Supreme Court (High Court)
Year1995
StatusPersuasive authority

Key Principle

On enforcement of a New York Convention award, even where a ground for refusing enforcement (here, the tribunal's composition not according with the parties' agreement) is made out, the enforcing court retains a residual discretion to enforce; and a party who knew of the irregularity yet proceeded without objection may be estopped from later resisting enforcement (the existing 'Mareva / interlocutory injunction' description is incorrect: this is a Convention-award enforcement case).

Area of Law

injunction

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