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 in Chambers.
Arbitration law — public policy — enforcement and setting aside of arbitral awards — illegality defence — scope of court intervention under Article 34 of Model Law — section 81 Arbitration Ordinance — leave to appeal — judicial minimal intervention recognized while balancing public policy denial of remedies for illegality. The respondent N sought leave to appeal the Court’s Decision of 29 December 2023 to remit arbitral awards back to the tribunal to eliminate grounds for setting aside on public policy grounds. The Court accepted that the appeal raised important issues about the extent of permissible review of arbitral awards on public policy when illegality is raised. It held that errors of law do not warrant setting aside and that review must not become substantive reconsideration of tribunal’s discretion. The Court also held it had jurisdiction to grant leave to appeal under section 81, rejecting submissions that the Decision was a mere case management direction. Leave to appeal was granted to provide clear appellate guidance on these novel issues, with the arbitration to continue pending appeal. The decision advances arbitration law clarity in Hong Kong and Model Law jurisdictions.
Legal issues: Scope of Court’s intervention on public policy ground · Jurisdiction to grant leave to appeal under section 81
Outcome: Leave to appeal granted
Cited by 4 cases · Cites 3 cases