The following Arbitration guidance note provides comprehensive and up to date legal information covering:
This Practice Note considers the categories of serious irregularity on which an application challenging an arbitral award for serious irregularity may be brought 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). This Practice Note should be read in conjunction with Practice Note: Hong Kong—challenging arbitral awards on grounds of serious irregularity (AO, Sch 2).
Note: The Hong Kong cases referred to below are not reported by LexisNexis® UK.
There are nine categories of serious irregularity on which arbitral awards can be challenged under AO, Sch 2, s 4(2).
The wording of AO, Sch 2, s 4 is similar to that of section 68 of the Arbitration Act 1996 (AA 1996). Accordingly, English case law considering AA 1996, s 68 can be considered for assistance in interpreting AO, Sch 2, s 4.
For guidance on the position under AA 1996, s 68, see Practice Notes: AA 1996—challenging the award—categories of serious irregularity (s 68) and AA 1996—challenging the award on grounds of serious irregularity (s 68).
Failure to comply with AO, s 46 is a serious irregularity under AO, Sch
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
0330 161 1234
To view our latest legal guidance content,sign-in to Lexis®PSL or register for a free trial.