HK Court of Appeal upholds constitutionality of AO, s 81(4) (China International Fund v Denis Lau & NG Chun Man Architects)

Table of contents

• Key implications
• Court and judgment details

Article summary

Arbitration analysis: the Hong Kong Court of Appeal has upheld the constitutionality of section 81(4) of the Hong Kong Arbitration Ordinance Cap 609 (AO), which section provides that leave of the Court of First Instance is required for any appeal from a decision of the same court under art 34 of the UNCITRAL Model Law (the Model Law) (which concerns applications to set aside arbitral awards). The applicant argued that AO, s 81(4) was unconstitutional as it disproportionately restricts the power of final adjudication of the Court of Final Appeal under art 82 of the Basic Law by empowering the Court of First Instance to exclusively determine whether leave to appeal should be granted. In dismissing the application, the Court of Appeal upheld the constitutionality of AO, s 81(4) and found that it had no jurisdiction to entertain any application for permission to appeal, although it did recognise that the Court...