CNG v. G, G

CNG v. G, G

CNG waived any complaint about the Presiding Arbitrator's earlier conduct by failing to object promptly and continuing to participate; the incidents at the 25 June 2024 hearing (brief sleeping totaling about 10–15 minutes and robust preliminary remarks) do not, singly or cumulatively, meet the objective fair‑minded...

Source-derived case information.

Citation
[2025] HKCFI 3598
Parties
Applicant: CNG; 1st Respondent: G; 2nd Respondent: G; 3rd Respondent: SIL
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
13 August 2025
Case Number
HCCT149/2024
Procedural Posture
Challenge to Arbitrator and Application to Set Aside Arbitral Award / Application Under Article 13(3) Model Law and S26 Arbitration Ordinance Decided (hearing 7 May 2025; Decision 13 August 2025)
Outcome
Challenge under Article 12(2) Model Law dismissed; application to set aside 4th Partial Final Award dismissed
Legal Topics
Challenge to Arbitrator, Apparent Bias, Waiver and Estoppel, Setting Aside Arbitral Award, Interim Measures, Enforcement
Source Language
en
Arbitration Civil Procedure Public Policy Enforcement of Awards Challenge to Arbitrator Apparent Bias Waiver and Estoppel Setting Aside Arbitral Award +2 more

Source-derived case record

Summary, issues, holding and outcome

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Parties

CNG

Applicant

G

1st Respondent

G

2nd Respondent

SIL

3rd Respondent

Procedural Posture

Challenge to Arbitrator and Application to Set Aside Arbitral Award / Application Under Article 13(3) Model Law and S26 Arbitration Ordinance Decided (hearing 7 May 2025; Decision 13 August 2025)

Legal Issues

  1. 1 Whether the challenging party waived the right to complain about earlier conduct of the Presiding Arbitrator by continuing to participate without timely objection
  2. 2 Whether the fair‑minded and informed observer would conclude there was a real possibility of bias (apparent bias) based on alleged sleeping/inattention and hostile/prejudicial comments
  3. 3 Whether incidents relied upon establish a causal link to justify setting aside the 4th Partial Final Award

Ratio Decidendi

CNG waived any complaint about the Presiding Arbitrator's earlier conduct by failing to object promptly and continuing to participate; the incidents at the 25 June 2024 hearing (brief sleeping totaling about 10–15 minutes and robust preliminary remarks) do not, singly or cumulatively, meet the objective fair‑minded and informed observer test of a real possibility of bias; accordingly the Article 12 challenge is dismissed and, because the challenge fails, the parasitic application to set aside the 4th Partial Final Award is also dismissed; costs awarded against CNG.

Court Disposition

Challenge under Article 12(2) Model Law dismissed; application to set aside 4th Partial Final Award dismissed

Orders

  • Challenge to Presiding Arbitrator dismissed
  • Application to set aside the 4th Partial Final Award dated 30 August 2024 dismissed