Herbert Smith Freehills review the Hong Kong High Court’s decision in Arjowiggins HKK2 Ltd v Shandong Chenming Paper Holdings Ltd [2018] HKCFI 93, where the Court granted an anti-suit injunction in favour of a recipient of a Hong Kong arbitral award to restrain the continuation of the overseas proceedings by the losing party. The Court held that such proceedings were essentially commenced to re-litigate the same matters that had already been decided in a previous arbitration and ultimately to avoid honouring the arbitral award.
The authors observe that the use of anti-suit injunctions to restrain foreign proceedings in breach of an arbitration agreement is becoming increasingly common and that this case is a helpful illustration that the Hong Kong Court will not hesitate, in an appropriate case, to grant such relief, even after an arbitral award is obtained.
