Hong Kong—time for bringing challenges and appeals to arbitral awards and exhaustion of other processes
Hong Kong—time for bringing challenges and appeals to arbitral awards and exhaustion of other processes

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

  • Hong Kong—time for bringing challenges and appeals to arbitral awards and exhaustion of other processes
  • Challenges and appeals to arbitration awards under the AO
  • Time limits—AO, s 81
  • Time limits—AO, Sch 2, ss 4–6
  • Extensions of time—AO, Sch 2, ss 4–6
  • Amending application for leave to appeal tantamount to seeking a time extension which should only be granted in exceptional circumstances
  • Timing issues where correction or interpretation of award is sought or where arbitral processes of appeal or review are engaged

STOP PRESS: The Hong Kong Court of Final Appeal in Astro Nusantara International BV v PT Ayunda Prima Mitra [2018] HKCFA 12, granted Lippo’s appeal and directed that the time for it to file its application for leave to set aside the orders granting Astro permission to enforce several Singapore arbitration awards (and to enter judgment thereon) be extended for three months from the date of the Court of Final Appeal’s judgment. This Practice Note is being reviewed in light of this decision.

This Practice Note covers the requirements of and time periods in which challenges under section 81 of the Hong Kong Arbitration Ordinance (Cap 609) (AO) or challenges or appeals under AO, Sch 2, ss 4–6 must be brought. It also sets out the circumstances in which an extension of time may be granted with case law examples.

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

Challenges and appeals to arbitration awards under the AO

Challenges and appeals of an arbitral award can be brought under the following sections of the AO:

  1. AO, s 81—setting aside the award on specified grounds in AO, s 81

  2. AO, Sch 2, s 4—optional provision permitting challenges for serious irregularity

  3. AO, Sch 2, ss 5 and 6—optional provisions permitting appeal of award on a question of