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Hong Kong Leading Case enforcement of awardsarbitration agreements

Xiamen Xinjingdi Group v Eton Properties Ltd

(2020) 23 HKCFAR 348
JurisdictionHong Kong
CourtHK Court of Final Appeal
Year2020
StatusBinding authority

Summary

Parties to an arbitration agreement impliedly promise to honour arbitral awards, giving rise to an action in contract for breach upon non-compliance.

Key Principle

Parties have an implied promise to honour arbitral awards as established by the Court of Final Appeal.

Area of Law

arbitration

Related Cases

Rinehart v Hancock Prospecting Pty Ltd (2019) 267 CLR 514

A dispute must be referred to arbitration if it falls within the scope of the arbitration agreement, applying a generous interpretation in favour of arbitrability.

TCL Air Conditioner v Judges of the Federal Court (Arbitral Awards) [2013] HCA 5

Enforcement of international commercial arbitral awards does not involve arbitrators exercising judicial power; enforcement itself is a judicial function constitutionally vested in Chapter III courts.

Re Shift Energy Asia Limited [2025] HKCFI 6415

Court considered how the Guy Lam discretion operates where the existence of an arbitration agreement is itself in dispute.

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