Hong Kong court adjourns award enforcement proceedings pending determination of set-aside proceedings at seat court (A v B)

Arbitration analysis: A and ANV obtained an arbitral award in respect of a licence agreement dispute between A and B against B and a joint venture company (JV) owned by ANV and B. The arbitration was seated in the Netherlands and administered by the Netherlands Arbitration Institute (NAI) under its arbitration rules. A sought to enforce the award in Hong Kong against B. B had challenged the arbitral award in the Netherlands on the basis that it was not party to the arbitration agreement. B sought to have the award set aside by the Hong Kong court, or the enforcement proceedings adjourned pending the decision of the Dutch court. The Hong Kong court held that B was not manifestly party to the arbitration agreement, but equally the question of whether the tribunal was wrong in accepting jurisdiction was a matter for the Dutch court. The Hong Kong court adjourned the enforcement proceedings. Written by Andrew Rigden Green, partner, head of International Arbitration in Greater China, at Stephenson Harwood, Hong Kong.