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Hong Kong arbitration procedure

Song Lihua v Lee Chee Hon

[2023] HKCFI 1954
JurisdictionHong Kong
CourtHK Court of First Instance
Year2023
StatusBinding authority

Summary

Court clarified the scope of arbitral immunity and the circumstances in which an arbitrator may be compelled to give evidence in HK proceedings.

Key Principle

The court clarified the scope of arbitral immunity and whether an arbitrator can be compelled to give evidence.

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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