Clifford Chance

Arbitral award set aside in rare Hong Kong judgment

7 October 2016

The Hong Kong Court of First Instance has set aside a Hong Kong seated HKIAC arbitral award on the basis that the Respondent was not given proper notice or able to present his case.

While this may seem a departure from the usual pro-enforcement stance of the Hong Kong courts, it was given in exceptional circumstances where the Respondent had been arrested and detained incommunicado for the duration of the arbitration and did not participate in it in any way. Nonetheless, it does draw attention to the need to ensure that special care is given to the delivery of a Notice of Arbitration.

Download PDF