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Injunctions in support of foreign arbitrations: Minsheng Vocational Education Company Limited v Leed Education Holding Limited & Ors CICA (Civil) Appeal No. 19 of 2022

April 11, 2024

Stephen Moverley Smith KC acted for the successful respondent in the Cayman Islands Court of Appeal in Minsheng Vocational Education Company Limited v Leed Education Holding Limited & Ors CICA (Civil) Appeal No. 19 of 2022 (Formerly FSD 0130 of 2023).

This important judgment by the Cayman Court of Appeal is the first appellate decision to confirm the Grand Court’s jurisdictional power and scope to support injunctions in support of foreign arbitrations under section 54 of the Cayman Arbitration Act 2012. The Court of Appeal dismissed an appeal made by the claimant Minsheng Vocational Education Company Limited against the respondent’s successful application for an injunction restraining Minsheng from the enforcement of certain share charges due to a pending China International Economic and Trade Arbitration Commission (“CIETAC”) arbitration in Beijing.

Stephen Moverley Smith KC was instructed by Nick Dunne, John Crook, Victoria Raymond, Christina Lo and Rebecca Moseley of Walkers (Cayman) LLP appearing on behalf of the Respondents.

To read the full judgment of 28 March 2024 please click here.

 

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