King & Wood Mallesons

Asia-Pacific 100 position: 3

Arbitration award to be set aside? Tribunal’s conduct has to be serious or egregious

Certainty of arbitration has been preserved in Hong Kong. The Hong Kong Court of Final Appeal recently ended the challenge to the Court of Appeal’s reinstatement of an ICC arbitration award, which had been set aside at first instance for want of due process. The Court of Appeal’s decision in this case authoritatively sets out the test for setting aside an award.

The decision of the Court of Appeal in Pacific China Holdings Limited (In Liquidation) v Grand Pacific Holdings Limited sets out the test for when an arbitration award can be set aside for want of due process under the UNCITRAL Model Law on International Commercial Arbitration (Article 34(2)(a)(ii) or (iv)).

The tribunal’s conduct has to be serious or egregious before the court will invoke its power to set aside the award for want of due process…

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