← All Authorities
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)
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
Related Cases
Ask CommonBench about this case
Get a detailed analysis of China Nanhai Oil Joint Service Corp v Gee Tai Holdings Co Ltd (CA) and how it applies to your situation.
Explain China Nanhai Oil Joint Service...