Hong Kong—Dismissal of award challenge based on failure to deal with issue (X and YCo v ZCo)

Table of contents

• What are the practical implications of this case?
• What was the background?
• What did the court decide?
• Condition Precedent Defence
• Tax Defence
• Case details

Article summary

Arbitration analysis: The plaintiffs (X and YCo) applied to set aside an arbitral award issued in the defendant’s (ZCo’s) favour on the basis that the arbitral tribunal had not dealt with ‘key issues’ put before it. In dismissing the plaintiffs’ application to set aside the award, the Hong Kong Court of First Instance emphasised that the onus is on the parties to identify the salient issues in dispute before the tribunal. Written by Amanda Lees, partner at King & Wood Mallesons.