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United Kingdom

UK and international arbitration: Hong Kong public policy and re-arbitration decisions; new institutional rules (CRCICA, AAA, AMCA); UK signs Hague Judgments Convention; EU BIT model clauses; LCAM practice notes

Published on: 18 January 2024

Published by a LexisNexis Arbitration expert
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International arbitration

Hong Kong—illegality as a defence—public policy—Article 34 of the UNCITRAL Model Law

In G v N [2023] HKCFI 3366 (not reported by LexisNexis®), the Hong Kong Court of First Instance (HKCFI) paused an application to set aside enforcement of an arbitral award, and, invoking Article 34(4) of the UNCITRAL Model Law (given effect by section 81 of the Hong Kong Arbitration Ordinance, Cap. 609 (‘AO’)), remitted the matter to the arbitrator so the arbitrator could resume the arbitral proceedings and reassess alleged illegality under Hong Kong law. The AO does not permit appeals against an arbitrator’s findings of fact or law (save where Schedule 2 is engaged). Accordingly, the matter was returned to allow reconsideration by the arbitrator. G contended that enforcement should be set aside because the law on public policy in Hong Kong shifted only days before the Award was issued...

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