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…
If you are registered and logged in to the site, click on the link below to read the rest of the King & Wood Mallesons briefing. If not, please register or sign in with your details below.
News from King & Wood Mallesons
News from The Lawyer
Briefings from King & Wood Mallesons
Principals and contractors need to be aware that in not registering security interests under the PPSA 2009, they may risk serious consequences.
The New Companies Ordinance (NCO) will come into effect on 3 March 2014. It includes changes that affect the way documents may be executed.
Analysis from The Lawyer
Shanghai’s ground-breaking Pilot Free Trade Zone could mark the beginning of the long-awaited liberalisation of China’s legal services sector.
Hong Kong IPO activity is hotting up again, but UK legal stalwarts are looking over their shoulders as US rivals make up ground fast