Kei (a protected party by his litigation friend) v Hua She
Asset Management (Shanghai) Company Ltd [2022] EWHC 662
(Comm), before Miss Julia Dias QC (sitting as a Deputy High Court
Judge in the Commercial Court).
The English High Court restated the principles applicable to a
section 103 application under the Arbitration Act 1996 (the
"Act") to resist enforcement of a
foreign award. In particular, the court highlighted its discretion
not to set aside an order for enforcement, even where one of the
s103(2) conditions is met under the Act (albeit that those
conditions were not met in this case).
Background
Hua She brought an arbitration against Beijing Yaolai Investment
Co. Ltd and Mr Kei. Mr Kei acted as guarantor for Beijing Yaolai
under a 'buy back' agreement with Hua She.
