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High Court of the Hong Kong Special Administrative Region, Court of First Instance, 24 August 2023, Construction and Arbitration Proceedings No 111 of 2022

(Song Lihua v. Lee ... Read more

High Court of the Hong Kong Special Administrative Region, Court of First Instance, 24 August 2023, Construction and Arbitration Proceedings No 111 of 2022

(Song Lihua v. Lee Chee Hon (former name: Que Wenbin) 

 

 

24 - 08 - 2023

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Yearbook Yearbook Commercial Arbitration, S. W. Schill (ed.), Vol. XLIX (2024)
Jurisdiction Hong Kong
Summary

A Mainland China award was denied enforcement on grounds of public policy, because the Court found that the respondent’s right to be heard had been violated in the arbitration.

Related topics
509

Due process: The court discusses what constitutes “proper notice” of the appointment of the arbitrators or of the arbitration proceedings.

"Proper notice"
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"
518

Public policy: The court discusses the meaning of (international as compared to domestic) public policy, generally defined as the basic notions of morality and justice of the enforcement State.

Paragraph 2 - Distinction domestic-international public policy
523

Public policy: The court discusses alleged violations of a fundamental rule of due process in the arbitration on the recognition and enforcement of an arbitral award, including the failure to communicate the names of the arbitrators, the failure to send copies of reports or letters filed in the arbitration, etc.

Irregularities in the arbitral procedure (see also Art. V(1)(b))
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