Enforcement of arbitration awards: security where enforcement is stayed

Hong Kong’s Arbitration Ordinance is in more or less identical terms to the relevant provisions of the Arbitration Act 1996 relating to the staying of enforcement of an award pending a decision of the curial courts. A recent decision, Dana Shipping and Trading SA v Sino Channel Asia Ltd HCCT 47/2015, saw the Hong Kong Court of First Instance applying English law principles to the question of ordering security as a condition of stay. The case is discussed by Edward Yang Liu of Reed Smith Richards Butler, Hong Kong.

The facts