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Hong Kong challenges to awards

A v B & Ors

[2024] HKCFI 751
JurisdictionHong Kong
CourtHK Court of First Instance
Year2024
StatusBinding authority

Summary

Hong Kong courts may refuse to enforce arbitral awards where the tribunal fails to provide sufficient reasons for its decision.

Key Principle

Hong Kong courts may refuse to enforce arbitral awards that lack sufficient reasons.

Area of Law

arbitration

Related Cases

Rinehart v Hancock Prospecting Pty Ltd (2019) 267 CLR 514

A dispute must be referred to arbitration if it falls within the scope of the arbitration agreement, applying a generous interpretation in favour of arbitrability.

TCL Air Conditioner v Judges of the Federal Court (Arbitral Awards) [2013] HCA 5

Enforcement of international commercial arbitral awards does not involve arbitrators exercising judicial power; enforcement itself is a judicial function constitutionally vested in Chapter III courts.

Re Shift Energy Asia Limited [2025] HKCFI 6415

Court considered how the Guy Lam discretion operates where the existence of an arbitration agreement is itself in dispute.

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