Read the full judgment text of HCCT 96/2021 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 30 September 2022 before Hon Mimmie Chan J.
Arbitration — Setting aside arbitral award — Discretion under section 81 Arbitration Ordinance — Application of Article 34(2) Model Law grounds — Appellate review of discretionary decisions — Leave to appeal — Whether Tribunal failed to deal with key issues or give sufficient reasons. The Plaintiff LY challenged the refusal to set aside an arbitral award dated 21 October 2021 made in favor of Defendant HW. The Court analyzed the scope of appellate review over discretionary decisions, applying authorities including Trust Risk Group SpA v AmTrust Europe Ltd and Pacific China Holdings Ltd v Grand Pacific Holdings Ltd as guidance on the principles for setting aside arbitral awards. LY argued the Court erred in law in its interpretation of whether the Tribunal had dealt adequately with key issues and given reasons in the Award. The Court found that despite exercising discretion properly, the appeal raised questions of law or mixed fact and law sufficient to grant leave to appeal. The Decision grants leave to appeal with costs in the cause of the appeal.
Legal issues: Leave to appeal against refusal to set aside arbitral award
Outcome: Leave to appeal granted with costs in the cause of the appeal
Cited by 4 cases · Cites 2 cases