HONG KONG 36 A

High Court of the Hong Kong Special Administrative Region, Court of First Instance, 5 November 2020 

(X v. Y)

05 - 11 - 2020

HONG KONG 36 A

Yearbook Yearbook Commercial Arbitration, S. W. Schill (ed.), Vol. XLVI (2021)
Jurisdiction Hong Kong
Summary

The Court refused to enforce an arbitral award rendered in Taiwan, setting aside the enforcement order initially granted, on the grounds that the award dealt with matters not falling within the terms of the arbitration clause, and that the defendant had been unable to present its case in the arbitration, because it had not been given the reasonable opportunity to adduce evidence and make submissions on the effects of the violation of certain provisions of Taiwanese law. See also HONG KONG 36 B, in which the Court confirmed its earlier finding. 

Related topics
511

Due process: The court discusses various irregularities affecting due process, including letters not sent, names of arbitrators or experts not communicated, language of proceedings and communications, etc.

"Otherwise unable to present his case"
512 Ground c: Excess by arbitrator of his authority - Excess of authority
HONG KONG 36 A