Hong Kong—enforcement—New York Convention arbitration awards—grounds of refusal
Produced in partnership with Ernest Yang of DLA Piper (Hong Kong)

The following Arbitration practice note produced in partnership with Ernest Yang of DLA Piper (Hong Kong) provides comprehensive and up to date legal information covering:

  • Hong Kong—enforcement—New York Convention arbitration awards—grounds of refusal
  • Refusal of enforcement of a New York Convention awards in Hong Kong
  • Refusal to stay execution of enforcement order
  • Costs of application to set aside leave to enforce a New York Convention award

Hong Kong—enforcement—New York Convention arbitration awards—grounds of refusal

This Practice Note considers the grounds for potentially refusing the recognition and enforcement of New York Convention arbitral awards under the law of Hong Kong. It should be read in conjunction with Practice Note: Hong Kong—enforcement—New York Convention arbitration awards—procedure, as well as the other ‘Related documents’.

Refusal of enforcement of a New York Convention awards in Hong Kong

Enforcement of a Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the New York Convention) award may not be refused except in the specific cases mentioned in section 89(2) of the Arbitration Ordinance, Chapter 609 (AO). The burden of proving a ground for non-enforcement is on the defendant. These grounds are exhaustive, and the court still has a residual discretion to allow enforcement even where a ground is made out. There is a strong presumption that the court will grant leave in favour of enforcement of New York Convention awards. The grounds of opposition are not to be inflexibly applied, and the residual discretion enables the court to achieve a just result in all the circumstances. The courts accepts that the spirit of the AO is to discourage unmeritorious technical points and to uphold New York Convention awards except where complaints of substance can be made good.

Enforcement may be refused if the party against whom it is enforced

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