CNG v. G, G AND SIL

CNG v. G, G AND SIL

CNG waived any complaints about incidents before 25 June 2024 by continuing to participate without prompt objection; the alleged sleeping episodes on 25 June 2024 (total c.15 minutes) and the arbitrator's robust or inquisitorial comments did not, objectively considered by a fair-minded and informed observer, give rise to a real possibility of bias or show that the arbitrator had closed his mind; accordingly the challenge under Article 12 failed and the application to set aside PFA4, being parasitic on the failed challenge, was dismissed.

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
HCCT148/2024
Procedural Posture
Construction and Arbitration Proceedings / Judicial Determination of Challenge to Arbitrator Under Article 13(3) and Application to Set Aside Fourth Partial Final Award
Outcome
Application dismissed; application to set aside Fourth Partial Final Award dismissed
Legal Topics
Challenge to Arbitrator Impartiality, Waiver and Estoppel, Setting Aside Arbitral Award, Interim Measures and Security, Enforcement Proceedings
Source Language
EN
Arbitration Civil Procedure Enforcement Public Policy Challenge to Arbitrator Impartiality Waiver and Estoppel Setting Aside Arbitral Award Interim Measures and Security +1 more

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Parties

CNG

Applicant

G

1st Respondent

G

2nd Respondent

SIL

3rd Respondent

Procedural Posture

Construction and Arbitration Proceedings / Judicial Determination of Challenge to Arbitrator Under Article 13(3) and Application to Set Aside Fourth Partial Final Award

Legal Issues

  1. 1 Whether circumstances gave rise to justifiable doubts as to the Presiding Arbitrator's impartiality under Article 12 of the Model Law/section 25 of the Arbitration Ordinance
  2. 2 Whether CNG had waived the right to challenge incidents occurring before 25 June 2024 under the HKIAC Rules
  3. 3 Whether sleeping or inattention by an arbitrator amounted to a real possibility of bias

Ratio Decidendi

CNG waived any complaints about incidents before 25 June 2024 by continuing to participate without prompt objection; the alleged sleeping episodes on 25 June 2024 (total c.15 minutes) and the arbitrator's robust or inquisitorial comments did not, objectively considered by a fair-minded and informed observer, give rise to a real possibility of bias or show that the arbitrator had closed his mind; accordingly the challenge under Article 12 failed and the application to set aside PFA4, being parasitic on the failed challenge, was dismissed.

Court Disposition

Application dismissed; application to set aside Fourth Partial Final Award dismissed

Orders

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