Read the full judgment text of HCCT 59/2023 on BabelCite. This High Court CFI judgment was delivered on 17 November 2025 before Deputy High Court Judge Jonathan Wong.
Arbitration — Appeal from refusal to set aside Partial Final Award — Allegations of unconscious bias linked to exposure of Tribunal to without prejudice privilege (WPP) material — Procedural fairness in Tribunal’s consideration of Third Privilege Application — Leave to appeal judgment refusing to set aside the award — Consideration of proper legal tests for apparent versus actual bias — Role of tribunal’s own assessment of ability to disregard WPP material — Materiality of WPP material in bias assessment — Whether Tribunal can appoint a privilege expert under Article 3.8 of 2020 IBA Rules — Questions of general public importance — Court emphasizes fact-sensitive nature of unconscious bias — No error found in trial judge’s approach including proper integration of Procedural Complaint and Bias Complaint in assessment — Legal principles on apparent bias and judicial deference clarified — Leave to appeal refused and costs ordered against Plaintiffs.
Legal issues: Approach to assessing apparent bias in WPP cases · Correct test for apparent bias: actual bias vs apparent bias · Tribunal’s power to appoint a privilege expert under Article 3.8 IBA Rules · Relevant considerations in assessing unconscious bias from WPP material · Whether issues raised warrant appellate guidance as questions of general public importance
Outcome: The Summons for leave to appeal is dismissed; Plaintiffs ordered to pay Defendant’s costs on indemnity basis with certificate for two counsel, to be taxed if not agreed.
Cited by 2 cases · Cites 5 cases