HK decision reaffirms pro-enforcement approach to arbitral awards

In Hong Kong, Article 34 of the UNCITRAL Model Law on International Commercial Arbitration provides the only redress available to a losing party in an international arbitration. In the latest development in the Grand Pacific case, which has been described as challenging Hong Kong’s reputation as an arbitration-friendly jurisdiction, leave to appeal to the Hong Kong Court of Final Appeal was refused, thereby affirming a Court of Appeal decision that overturned a first-instance judgment and reinstating the arbitral award (which the first-instance judgment had set aside).

The arbitral award was set aside due to complaints that one party benefited from a timetable extension and the submission of new legal authorities, while the other party did not. That party was also barred from further submissions in two instances.

The first-instance judgment had been criticised as unduly interfering with the arbitral tribunal’s case management powers. By narrowly construing the grounds for setting aside an arbitral award pursuant to Article 34, this decision has reaffirmed Hong Kong’s pro-enforcement approach to arbitral awards and arguably closed the floodgates on a potential surge in attempts to set aside arbitral awards. Given that a prospective Article 34 applicant now faces significant difficulties in order to set aside an arbitral award in Hong Kong, DLA Piper provides some practical guidance on the six grounds for setting aside an arbitral award as stipulated in Article 34 and on Article 34 itself…

If you are registered and logged in to the site, click on the link below to read the rest of the DLA Piper briefing. If not, please register or sign in with your details below.

Sign in or Register to continue reading this article

Sign in

Register

It's quick, easy and free!

It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.

Register now

Why register to The Lawyer

 

Industry insight

In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.

 

Market intelligence

Identify the major players and business opportunities within a particular region through our series of free, special reports.

 

Email newsletters

Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.

More relevant to you

To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.

Briefings from DLA Piper

View more briefings from DLA Piper

Analysis from The Lawyer

View more analysis from The Lawyer

Overview

3 Noble Street
London
EC2V 7EE
UK
http://www.dlapiper.com

Turnover (£m): 1,566.29
No. of lawyers: 3,961 (UK 200)
Jurisdiction: global
No. of offices: more than 75
No. of qualified lawyers: 625 (International 50)

Jobs