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HONG KONG 35
High Court of the Hong Kong Special Administrative Region, Court of First Instance, 25 June 2019, HCCT 4/2019
(OUE Lippo Healthcare Ltd v. David Lin Kao Kun)
HONG KONG 35
The Court dismissed the defendant’s arguments against enforcement of a SIAC award. It found that since the defendant himself had threatened to invoke the arbitration clause, and had never challenged the authenticity of the main contract, he could not allege that the contract was forged and that as a consequence the arbitration agreement was null and void. Also, the tribunal had not exceeded its authority, as the present plaintiff had replaced the original signatory by a deed of novation, and the record showed that the defendant had been given proper notice of the arbitration, and had received the arbitration documents.
Invalidity of the arbitration agreement: The court discusses other cases of invalidity of the arbitration agreement, including that there was no agreement at all or that the party was not a signatory thereto, that the incorrect arbitral institution was chosen, etc.
Due process: The court discusses what constitutes “proper notice” of the appointment of the arbitrators or of the arbitration proceedings.