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Judgment · jid 2552

Jian Ying Ourgame High Growth Investment Fund (IOL) v Xiong Hui and others And Jian Ying Ourgame High Growth Investment Fund (IOL) v Powerful Warrior Limited and others

FSD 0255 OF 2021 (RPJ) AND FSD 0258 OF 2021 (RPJ) · 2022-Dec-21

Application to set aside service of proceedings out of the jurisdiction - GCR Order 11 rule 1(1) - serious issue to be tried - whether Cayman Islands clearly the appropriate forum - GCR Order 12 rule 8 -sections 3, 4 , 9 and 27 Arbitration Act 2012 - Section 4 Foreign Arbitral Awards Enforcement Act 1997 - threshold issue - existence of agreement to arbitrate - whether Court should determine threshold issue - approach to determining threshold issue on written evidence without a trial and cross examination.

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