In Dana Shipping and Trading SA v Sino Channel Asia Ltd (HCCT 47A/2015), the Hong Kong Court of First Instance (“Court”) held that it had discretion to enforce a foreign arbitral award even after it had been set aside by the foreign supervisory court of the arbitration proceedings. This discretion will generally be exercised in accordance with the principles applicable to the recognition of foreign judgments.
Communicating on a without prejudice basis is a widely adopted practice in negotiating settlements in legal proceedings. Such communications are protected by without prejudice privilege and cannot be admissible as evidence in court, except where the communication “would act as a cloak for perjury or other unambiguous impropriety”. This is commonly referred to as the “unambiguous impropriety” exception and is only applied in the clearest cases of abuse of a privileged occasion.