G v. N

G v. N

The court granted leave to appeal because the issues raised are important and novel involving the permissible scope of supervisory court review of an arbitral tribunal's consideration of public policy when illegality is pleaded; the decision to suspend setting aside proceedings and remit matters to the tribunal under section 81 is substantive and appealable with leave; clerical mis‑citation does not defeat relief where the correct bases were argued.

Citation
[2024] HKCFI 655
Parties
Applicant and Plaintiff: G
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
4 March 2024
Case Number
HCCT28/2023
Procedural Posture
Construction and Arbitration Proceedings; Enforcement and Setting Aside of Arbitral Awards / Application for Leave to Appeal Against Decision Remitting Awards Under Section 81; Setting Aside Proceedings Suspended
Outcome
Leave to appeal granted
Legal Topics
Enforcement of Arbitral Awards, Setting Aside Awards, Public Policy Defence/illegality, Judicial Review of Arbitral Tribunal Decisions, Model Law Article 34/arbitration Ordinance Section 81
Source Language
EN
Arbitration Civil Procedure Public Policy Contract Law (illegality) Enforcement of Arbitral Awards Setting Aside Awards Public Policy Defence/illegality Judicial Review of Arbitral Tribunal Decisions +1 more

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Parties

G

Applicant and Plaintiff

Procedural Posture

Construction and Arbitration Proceedings; Enforcement and Setting Aside of Arbitral Awards / Application for Leave to Appeal Against Decision Remitting Awards Under Section 81; Setting Aside Proceedings Suspended

Legal Issues

  1. 1 Scope of court intervention under Article 34/section 81 when illegality is raised as a defence
  2. 2 Whether a decision to remit awards to an arbitrator under section 81 is a substantive decision appealable with leave
  3. 3 Whether change in legal framework for assessing illegality is a question of law not permitting review of arbitral awards for errors of law

Ratio Decidendi

The court granted leave to appeal because the issues raised are important and novel involving the permissible scope of supervisory court review of an arbitral tribunal's consideration of public policy when illegality is pleaded; the decision to suspend setting aside proceedings and remit matters to the tribunal under section 81 is substantive and appealable with leave; clerical mis‑citation does not defeat relief where the correct bases were argued.

Court Disposition

Leave to appeal granted

Orders

  • Leave to appeal granted in terms of the draft order attached to N's skeleton submissions dated 19 January 2024