Clifford Chance

Shenanigans in Shangri-La? Hong Kong courts refuse to enforce mainland China arbitral award

29 April 2011

In a recent decision the Hong Kong Court of First Instance refused to enforce a mainland arbitral award on public policy grounds. The case highlights the perils of Arbitration-Mediation - common in mainland China - which involves arbitrators acting as mediators before deciding the merits of a case. The new Hong Kong Arbitration Ordinance, which enters into force later this year, also permits the practice subject to safeguards.

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