Linde GMBH and Linde PLC v Ruschemalliance LLC - HCCT 19-2023 2023 HKCFI 2409 - - 27 September 2023
Country
Year
2023
Summary
Dispassionately considered, this is an application for an anti-suit injunction to be continued, on the basis of an arbitration agreement contained in a contract made between the 1st Plaintiff and the Defendant on 4 June 2021 for the engineering, procurement and construction of a gas processing plant ("Contract"). The obligations of the 1st Plaintiff as contractor were guaranteed by the 2nd Plaintiff (the parent company of the 1st Plaintiff) under a Parent Company Guarantee ("Guarantee"). Both the Contract and the Guarantee are governed by English law, and each contains an arbitration agreement which provides that any dispute shall be referred to and be finally resolved by arbitration administered by the HKIAC, the arbitration agreement to be governed by Hong Kong law, and the seat of the arbitration shall be Hong Kong.