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Hong Kong court deploys worldwide Mareva, Chabra, special managers and interim receivers to protect assets and enforce Mainland Chinese arbitral awards: Zhou Huiming v Sun Kwokping [2025] HKCFI 1503

Published on: 12 August 2025

Published by a LexisNexis Arbitration expert
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Zhou Hui Ming v Kwokping Sun and another [2025] HKCFI 1503. The matter concerns the award creditor, Zhou Huiming (Zhou), moving to enforce four Mainland Chinese arbitral awards (Awards) against the award debtors, Sun Kwokping (Sun) and 挪信新能源科技(南通)有限公司 (Nuoxin). Zhou promptly secured ex parte permission to enforce the Awards. On that same ex parte footing she also obtained: (1) leave from the Hong Kong court to enforce; (2) a worldwide Mareva freezing order against the award debtors; and (3) a Chabra injunction directed at Zhang, whom the court regarded as holding two private companies belonging to the award debtors. Zhou then encountered the familiar, classic problem of recalcitrant debtors. The respondents appeared to be taking active and deliberate steps to render themselves ‘judgment-proof’. The evidence clearly indicated an apparent coordinated and concerted plan to dissipate assets. In particular, the shares in the award debtors’ two companies were passed to Zhang for nominal or no consideration. That transfer bore every hallmark of a gratuitous disposition designed ultimately to place assets beyond the creditor’s reach. To compound matters, the award debtors adopted obstructive litigation tactics...

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