HONG KONG 28

05 - 05 - 2016

HONG KONG 28

Yearbook Yearbook Commercial Arbitration, A.J. van den Berg (ed.), Vol. XLI (2016)
Jurisdiction Hong Kong
Summary

Hong Kong 28. L v. B, High Court of the Hong Kong SAR, Court of First Instance, Construction and Arbitration Proceedings, 5 May 2016

Related topics
303

The court discusses the conditions under which a party may be estopped from raising a ground for refusal of enforcement under the Convention or has waived the right to raise it.

Estoppel/waiver
500A Residual power to enforce notwithstanding existence of ground for refusal
502

The court discusses the principle that the merits of the award may not be reviewed and that the court may only carry out a limited review of the award to ascertain grounds for refusal.

No re-examination of the merits of the arbitral award
508 Ground b: Violation of due process in general
514 Ground e: Award not binding, suspended or set aside - "Binding"
601

The court discusses the conditions for granting adjournment of a proceeding relating to the recognition and enforcement of an arbitral award, and the court’s discretionary power to do so, as well the determination of “suitable security” and the power to request it.

Adjournment of decision on enforcement
HONG KONG 28