Read the full judgment text of HCCT 111/2022 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 14 November 2023 before Hon Mimmie Chan J.
Construction and arbitration — Enforcement of arbitral award refused by High Court — Application for leave to appeal refusal refused. The dispute concerns alleged breach of natural justice during arbitral proceedings, in particular the conduct of arbitrator Q during the second hearing and immediately afterwards, which raised reasonable doubts to an objective observer about the fairness of the process. The court emphasized that an appellate court should interfere with exercise of discretion only if plainly wrong or involves irrelevant matters. The Mainland supervisory court upheld the award but did not consider Hong Kong public policy, which is relevant for enforcement. The court rejected applicant’s argument that enforcement should be favored due to principles of comity, finality and deference to supervisory court, holding that refusal to enforce on grounds of Hong Kong public policy is consistent with the New York Convention. Ultimately, the judge found the irregularity so serious as to deny respondent due process, making enforcement shocking to conscience and contrary to basic justice principles in Hong Kong. The application for leave to appeal was refused for lack of reasonable prospects of success, with costs awarded to respondent.
Legal issues: Appeal against refusal to enforce arbitral award
Outcome: Leave to appeal refused; costs awarded to respondent on indemnity basis with certificate for Counsel.
Cited by 5 cases · Cites 3 cases