HONG KONG 36 B

High Court of the Hong Kong Special Administrative Region, Court of First Instance, 19 January 2021

(X v. Y)

19 - 01 - 2021

HONG KONG 36 B

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

This decision confirms the earlier finding of in HONG KONG 36 A, in which the High Court had 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. 

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 B