Read the full judgment text of HCCT 41/2023 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 10 July 2024 before Hon Mimmie Chan J.
Arbitration — enforcement of arbitral award — apparent bias — arbitrator's duty of disclosure — objective fair-minded observer test — Arbitration Ordinance (Cap 609) — Mainland Arbitration Law — public policy — waiver of objections. The High Court considered an application to set aside an Enforcement Order granted to enforce a Shenzhen Court of International Arbitration award. The Respondents challenged enforcement on grounds of alleged apparent bias by arbitrator Mr Chen due to his and his law firms’ prior dealings with companies associated with the Applicant. The Shenzhen Court had already dismissed a set-aside application on similar grounds under Mainland law. The High Court applied common law principles of apparent bias, referring to the “real possibility” test and the reasonable objective observer standard. The court found no cogent and rational connection between Chen’s associations and a real risk of bias or lack of impartiality. The Respondents also waived any objection by failing to raise concerns during arbitration. Consequently, enforcement was not contrary to Hong Kong public policy. The enforcement Order was upheld, and Respondents were ordered to pay costs on an indemnity basis with certificate for counsel.
Legal issues: Apparent bias and impartiality of arbitrator · Waiver of objection to arbitrator’s appointment · Enforcement of arbitral award not contrary to public policy
Outcome: Application to set aside the Enforcement Order dismissed; costs awarded to Applicant on indemnity basis with Certificate for Counsel
Cites 3 cases