Read the full judgment text of HCCT 131/2024 on BabelCite. This High Court CFI judgment was delivered on 20 October 2025 before Deputy High Court Judge Sir William Blair.
Arbitration — Arbitration Ordinance s.84 — Online arbitration notice by SMS — Service of notice — Whether SMS service constitutes proper notice — Leave to appeal granted on this novel procedural issue balancing access to justice and risks inherent in online arbitration notice methods — Other factual and procedural grounds, including opportunity to participate and consideration under Money Lenders Ordinance (Cap. 163), dismissed for lacking reasonable prospects. Court granted stay of enforcement pending appeal. The court considered whether the delivery of arbitration notice via SMS meets legal requirements, a matter not previously examined by Hong Kong courts. The balance between potential access to justice benefits of online arbitration and risks inherent in SMS service was recognized as a significant question of general public importance. Leave to appeal was granted accordingly. Other grounds concentrating on participation and arbitrator's consideration of relevant law were found without merit and refused leave. Outcome: Leave to appeal granted on the SMS notice issue; other appeals refused. Enforcement stayed pending resolution. Costs reserved.
Legal issues: Whether service of notice of arbitration by SMS constitutes proper notice · Opportunity to participate in arbitration and receipt of SMS notice · Whether arbitrator failed to consider important issues under Money Lenders Ordinance
Outcome: Grant leave to appeal on the issue of SMS service of notice; refuse leave on other grounds; stay enforcement of arbitral award pending appeal determination
Cited by 1 case · Cites 1 case