Hong Kong High Court’s “10 commandments” on arbitration


In the recent case of KB v S & Ors (HCCT 13/2015), Judge Mimmie Chan upheld KB’s application to dismiss and strike out a summons filed by the respondent aimed at setting aside an earlier order of the court to enforce two awards in the applicant’s favour.

While the factual scenario of the case is of no particular legal significance, the interesting issue to arise out of the case was the clear pronouncement by Judge Chan regarding the court’s approach to applications to set aside or resist enforcement of awards in Hong Kong.

While it is well known that Hong Kong’s Courts adopt a strong pro-arbitration and pro-enforcement position, Judge Chan still felt it necessary to set out the court’s position regarding such applications, including express and significant reference to applicable case law.


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Gavin Denton is an arbitrator and Brian Lin Po Yen is an associate of Arbitration Chambers Hong Kong