Hong Kong—appealing arbitral awards on questions of law—the test
Hong Kong—appealing arbitral awards on questions of law—the test

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

  • Hong Kong—appealing arbitral awards on questions of law—the test
  • The test for leave to appeal against an arbitration award
  • Substantially affects the rights of the parties
  • Question that the arbitral tribunal was asked to decide
  • Decision of arbitral tribunal was ‘obviously wrong’ or ‘open to serious doubt’ (if a question of general importance)
  • Meaning of ‘obviously wrong’

This Practice Note sets out the relevant test the Hong Kong court applies 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) in deciding whether to grant leave to appeal against an arbitral award on a question of law. It should be read with Practice Note: Hong Kong—appealing arbitral awards on questions of law—general procedure.

Note: The Hong Kong cases referred to below are not reported by LexisNexis® UK.

The test for leave to appeal against an arbitration award

Pursuant to AO, Sch 2, s 6(4), leave to appeal on a question of law will only be granted if the court is satisfied that:

  1. the decision of the question will substantially affect the rights of one or more of the parties

  2. the question is one which the arbitral tribunal was asked to decide, and

  3. on the basis of findings of fact in the award:

    1. the decision of the arbitral tribunal on the question is obviously wrong, or

    2. the question is one of general importance and the question is at least open to serious doubt