Hong Kong—appealing arbitral awards on questions of law—general procedure
Hong Kong—appealing arbitral awards on questions of law—general procedure

The following Arbitration guidance note provides comprehensive and up to date legal information covering:

  • Hong Kong—appealing arbitral awards on questions of law—general procedure
  • Challenges and appeals
  • Optional provisions—automatic application or non-application
  • Appeal limited to questions of law
  • Waiver
  • Exhaustion of other arbitral processes
  • Agreement of all parties or leave of the court required
  • Excluding the right of appeal
  • Effect of institutional rules
  • The relevant procedure
  • more

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.

Challenges and appeals

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:

  1. challenge an award on the basis of serious irregularity under AO, Sch 2, s 4

  2. 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.

Optional provisions—automatic application or non-application

The court does not have jurisdiction to set aside