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Attempt to resist enforcement of a PRC arbitral award in Hong Kong, by arguing that the arbitration agreement was tainted by forgery | Bryan Cave Leighton Paisner


The case involved how the Hong Kong Court of First Instance (the “
Court”) approached an attempt to resist enforcement of an arbitral award obtained in Mainland China on the basis of the award debtor’s claim of forgery of the underlying agreement.
Laws on enforcement of Mainland awards in Hong Kong
Given that Hong Kong is part of the PRC, strictly speaking the New York Convention does not apply to assist in cross-border enforcement of arbitration awards. To solve this, Hong Kong and Mainland China put in place an arrangement to facilitate mutual cross-border enforcement. The Arrangement Concerning Mutual Enforcement of Arbitral Awards between Mainland China and the HKSAR has been implemented since 1 February 2000 through sections 92 to 98 of the Arbitration Ordinance (Cap. 609). (There have been some recent enhancements to this arrangement, details of which can be found here.) ....

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