The following Arbitration guidance note provides comprehensive and up to date legal information covering:
This Practice Note sets out the general procedure for applying for leave to appeal an arbitral award to the Hong Kong court on a question of law where parties have opted in, or are deemed to have opted in, to the relevant provisions of Schedule 2 to the Arbitration Ordinance (Cap 609) (AO). It should be read with Practice Note: Hong Kong—appealing arbitral awards on questions of law—the test.
Note: The Hong Kong cases referred to below are not reported by LexisNexis® UK.
A party may seek to challenge an award under AO, s 81. Or where the relevant optional provisions of AO, Sch 2 apply, a party may:
challenge an award on the basis of serious irregularity under AO, Sch 2, s 4
appeal an award on a question of law under AO, Sch 2, ss 5 and 6
For more details about challenging arbitral awards under AO, s 81, see Practice Notes: Hong Kong—challenging arbitral awards (AO, s 81) and Hong Kong—grounds for setting aside arbitral awards (AO, s 81).
For more details about challenging awards for serious irregularity, see Practice Notes: Hong Kong—challenging arbitral awards on grounds of serious irregularity (AO, Sch 2) and Hong Kong—challenging the award—categories of serious irregularity.
The court does not have jurisdiction to set aside
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