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Results: 4 Answers
International Arbitration
14.
Grounds for challenging an award
14.1
What are the grounds on which an award can be challenged, appealed or otherwise set aside in your jurisdiction?
 
Hong Kong
Pursuant to Section 81 of the Arbitration Ordinance (AO) (adopting Article 34 of the Model Law), an award may be set aside by the court. However, the court cannot set aside or remit an arbitral award on the grounds of errors of fact or law on the face of the award.

Under Section 81(1), an award may be set aside where the party making the application can prove that:

  • a party to the arbitration was under some incapacity;
  • the arbitration agreement is invalid under the law to which the parties subjected it or, failing any indication in the agreement as to which law the agreement is subject to, under Hong Kong law;
  • the party making the application was not given proper notice of the appointment of an arbitrator or of the arbitration, or was otherwise unable to present its case;
  • the award deals with a dispute not contemplated by the terms of the submission to arbitration or contains decisions on matters beyond the scope of the submission to arbitration; or
  • the composition of the tribunal or the arbitration proceedings was not in accordance with the agreement of the parties, unless such agreement conflicted with a mandatory provision of the AO.

An award may also be set aside where the court finds that:

  • the subject matter of the dispute is not capable of settlement by arbitration under Hong Kong law; or
  • the award conflicts with Hong Kong’s public policy.

Schedule 2 of the AO contains additional opt-in provisions on challenging arbitral awards.

For more information about this answer please contact: Nick Gall from Gall
14.2
Are there are any time limits and/or other requirements to bring a challenge?
 
Hong Kong
An application to the courts under Section 81 of the AO must be made within three months of the date on which the party making the application received the award.

For more information about this answer please contact: Nick Gall from Gall
14.3
Are parties permitted to exclude any rights of challenge or appeal?
 
Hong Kong
No. Section 81 of the AO (dealing with the setting aside of an award) is a mandatory section and cannot be contracted out of or derogated from by the parties.

For more information about this answer please contact: Nick Gall from Gall
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