In Lin Ming and another v Chen Shu Quan and others HCA 1900/2011, the Hong Kong Court of First Instance has allowed a stay of court proceedings in favour of arbitration and refused to grant an anti-arbitration injunction in parallel applications. The court held that it retains discretion to restrain arbitration cases, as part of its general jurisdiction to grant injunctive relief, but noted that such jurisdiction must be exercised “very sparingly and with great caution”. On the facts, the court was not persuaded to restrain the arbitration in this case. Please click here to read our post on our Arbitration blog.
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Simon Chapman KC
Partner, Regional Head of Practice - Dispute Resolution, Asia, Global Co-Head of International Arbitration, Hong Kong
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