- Hong Kong—HKIAC award set aside as plaintiff not party to arbitration agreement (AB v CD)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Was AB Engineering party to the Agreement?
- Was proper notice given?
- Case details
Arbitration analysis: The Hon Justice Mimmie Chan in the Hong Kong Court of First Instance granted an application to set aside an arbitral award pursuant to Article 34 of the UNCITRAL Model Law on International Commercial Arbitration (the Model Law) (as incorporated by section 81 of the Hong Kong Arbitration Ordinance (AO)) on two grounds. First, Mimmie Chan J held that the plaintiff was not a party to the arbitration agreement and therefore there was no valid arbitration agreement between the plaintiff and the defendant. Second, even if there had been an arbitration agreement, proper notice of the appointment of arbitrator or the arbitral proceedings was not given. Written by Andrew Rigden Green, partner, head of International Arbitration Greater China, at Stephenson Harwood.
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