Hong Kong—challenging arbitral awards (AO, s 81)
Hong Kong—challenging arbitral awards (AO, s 81)

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

  • Hong Kong—challenging arbitral awards (AO, s 81)
  • Setting aside awards under AO, s 81
  • Time for challenging an award under AO, s 81
  • Power to suspend setting aside proceedings
  • Procedure for challenging an award under AO, s 81
  • Affidavit evidence
  • Confidentiality
  • Grounds for setting aside under AO, s 81
  • Court discretion not to set aside
  • Leave of the court required for leave to appeal any decision under AO, s 81

This Practice Note gives guidance on making an application to the Hong Kong court to set aside arbitral awards under section 81 of the Arbitration Ordinance (Cap 609) (AO), which gives effect to article 34 of the United Nations Commission on International Trade Law (UNCITRAL) Model Law (the Model Law), covering such areas as the time frame, procedure and a summary of the grounds that may be relied on when making an application.

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

Setting aside awards under AO, s 81

As stated above, AO, s 81 adopts and gives effect to article 34 of the Model Law. Read together with AO, s 5, AO, s 81 applies only to awards given by tribunals seated in Hong Kong. For more details on the seat of an arbitration, see Practice Note: The seat of the arbitration.

AO, s 81 is mandatory and cannot be contracted out of by the parties. The exhaustive grounds for setting aside are set out in AO, s 81(1). For more details about the grounds for setting aside an arbitral award under AO, s 81, see Practice Note: Hong Kong—grounds for setting aside arbitral awards (AO, s 81).

AO, s 81(2) does not affect:

  1. the power of the court to set aside an arbitral award under