Read the full judgment text of HCCT 41/2010 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 8 November 2010 before Hon Saunders J in Chambers.
Arbitration enforcement — Arbitration Ordinance (Cap. 341) ss 2GG, 40B, 40E — Public policy defence to enforcement — Alleged improper ex parte communications involving a member of the Tribunal and the General Secretary of the arbitration commission in Mainland China — Share transfer agreement dispute related to a joint-venture coal mining project — Respondents applied to set aside enforcement of Mainland arbitration award on public policy grounds under s 40E(3) — Leading authority Hebei Import applied — Court recognised different procedural rules governing seat of arbitration but emphasized fundamental notions of morality and justice in Hong Kong prohibit ex parte communications — Factual dispute unresolved necessitating trial — Costs reserved — Summons adjourned and timetable for trial directions to be fixed.
Legal issues: Whether enforcement of the Award is contrary to public policy
Outcome: Summons to set aside enforcement adjourned for trial to resolve disputed facts relevant to public policy objection.
Cites 2 cases