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Hong Kong
article 34 model lawminimal curial interventionindemnity basis
Grand Pacific Holdings Ltd v Pacific China Holdings Ltd (No 1)
[2012] 4 HKLRD 1; CACV 136/2011 (CA, 9 May 2012)
Key Principle
Setting aside an arbitral award under Article 34(2)(a) of the UNCITRAL Model Law requires the applicant to demonstrate that the procedural irregularity was sufficiently serious or egregious to have actually denied them the opportunity to present their case, and even then the court retains discretion to refuse set-aside where the violation had no effect on the outcome; a party unsuccessful in challenging an award will normally be ordered to pay indemnity costs.
Area of Law
arbitration
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