Hong Kong court refuses to enforce mainland arbitration award

0
571
香港法院不予执行内地仲裁裁决 Hong Kong court refuses to enforce mainland arbitration award
LinkedIn
Facebook
Twitter
Whatsapp
Telegram
Copy link

On 12 April, the Hong Kong Court of First Instance of the High Court refused, on public policy grounds, to enforce an arbitration award made by the Xi’an Arbitration Commission in which one of the arbitrators acted as both arbitrator and mediator.

In Gao Haiyan and another v Keeneye Holdings Ltd and another, the court held that events that transpired at a dinner at the Xi’an Shangri-La Hotel three months before the arbitration award was issued would cause a fair-minded observer to apprehend a real possibility of bias on the part of the arbitral tribunal. Following case precedent, the court therefore ruled that the award made by the Xi’an tribunal should not be enforced.

Gao Haiyan and her husband had signed a share transfer agreement agreeing to transfer shares to Keeneye Holdings. Gao subsequently claimed the agreement was void due to duress and misrepresentation. Keeneye commenced arbitration proceedings and two arbitration hearings took place, in December 2009 and May 2010. After the first hearing, the parties agreed to have members of the tribunal act as mediators as well as arbitrators, in a so-called arb-med process.

You must be a subscribersubscribersubscribersubscriber to read this content, please subscribesubscribesubscribesubscribe today.

For group subscribers, please click here to access.
Interested in group subscription? Please contact us.

你需要登录去解锁本文内容。欢迎注册账号。如果想阅读月刊所有文章,欢迎成为我们的订阅会员成为我们的订阅会员

已有集团订阅,可点击此处继续浏览。
如对集团订阅感兴趣,请联络我们

LinkedIn
Facebook
Twitter
Whatsapp
Telegram
Copy link