Read the full judgment text of HCCT 38/2021, HCCT 28/2023 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 4 March 2024 before Hon Mimmie Chan J.
Arbitration — Construction and Arbitration Proceedings — Enforcement and setting aside of arbitral awards — Public policy — Illegality defence — Scope of judicial intervention under Model Law Article 34 and section 81 of the Ordinance — Whether decision remitting awards to tribunal to eliminate public policy grounds is appealable — Court accepts important novel issue on limits of court scrutiny of arbitral decision on illegality and public policy; distinguishes errors of law from public policy grounds for interference — Jurisdiction exists to grant leave to appeal decision remitting awards — Clerical errors in summons citations do not affect substantive jurisdiction — Decision constitutes substantive rights affecting order, not mere case management. Outcome: leave to appeal granted; arbitration hearing to continue; important guidance sought from Court of Appeal on public policy limits in arbitration review.
Legal issues: Scope of Court’s intervention on public policy in arbitration awards · Jurisdiction to grant leave to appeal under section 81
Outcome: Leave to appeal granted on the Decision to remit the Awards to the arbitrator under section 81 of the Ordinance.
Cited by 8 cases · Cites 3 cases