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HONG KONG 12 June 2023 Sky Power
High Court of the Hong Kong Special Administrative Region, Court of First Instance, 12 June 2023, NO 113 of 2022
(Sky Power Construction Engineering Limited v. ... Read more
High Court of the Hong Kong Special Administrative Region, Court of First Instance, 12 June 2023, NO 113 of 2022
(Sky Power Construction Engineering Limited v. Iraero Airlines JSC)
HONG KONG 12 June 2023 Sky Power
The Court examined whether there had been an unacceptable delay on the part of the respondent in filing its application to set aside the order enforcing an LCIA award. The Court explained that the merits of the set-aside application were one of the factors to be considered when deciding whether an extension of time should be granted. In the present case, the only ground invoked by the respondent was that the arbitration hearing had been virtual, which was not in accordance with the agreement of the parties and had resulted in the respondent being unable to present its case adequately. The Court found that there was no merit in the set-aside application, and denied the request to file it out of time.
The court discusses the principle that the procedure for the enforcement of awards under the Convention is governed by the lex fori, as well as procedural issues (such as the competent enforcement court) not falling under the specific cases of ¶¶ 302-307.
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.