The seat of arbitration determines which court has supervisory jurisdiction; Hong Kong courts lack jurisdiction to set aside an award seated in another country.
arbitration
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.
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.
Court considered how the Guy Lam discretion operates where the existence of an arbitration agreement is itself in dispute.
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