Warrant For Committal After Failure To Appear At Enforcement Hearing

Warrant for committal after failure to appear on enforcement hearing

Contempt of Court proceedings in arbitration related matters are quite rare.

Herbert Smith Freehills reviews the Hong Kong High Court’s 2017 decision in Navig8 Chemical Pools Inc v Inder Sharma, HCMP 2885/2016, 17 January 2017, where the Court issued a warrant for committal against a Defendant who repeatedly refused to appear before the court for examination relating to enforcement of an arbitral award as the Court saw no other option than to find him in contempt of court and issue a warrant for committal to ensure his orders were obeyed. The authors observe that the judgment is a reminder of the important role that national courts play in supervising arbitral proceedings, that the Hong Kong courts take that role seriously and when necessary, the courts are willing to exercise their powers to the full, to ensure that parties to arbitration do not evade their obligations under the award.

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About Phillip Rompotis

Phillip practices as a barrister and arbitrator in Hong Kong. He has over 25 years’ litigation and arbitration experience in commercial disputes relating to construction & engineering, financial services, joint venture & shareholders agreements, technology, trusts, property and landlord & tenant. He is a Fellow of the Chartered Institute of Arbitrators, the Singapore Institute of Arbitrators, the Malaysian Institute of Arbitrators, and a member of various lists/panels of arbitrators.

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