G v. N

G v. N

The court held that the Decision to suspend setting aside proceedings and remit the Awards to the tribunal under section 81 was substantive and appealable with leave; the issues raised about the scope of judicial review of a tribunal's consideration of public policy when illegality is pleaded are important and novel and have reasonable prospects of success; a clerical mis‑citation did not defeat jurisdiction; accordingly leave to appeal was granted to obtain authoritative guidance from the Court of Appeal.

Citation
[2024] HKCFI 655
Parties
Applicant / Plaintiff: G; Respondent / Defendant: N
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
4 March 2024
Case Number
HCCT38/2021
Procedural Posture
Construction and Arbitration Proceedings / Application for Leave to Appeal Against Decision Remitting Awards Under Section 81 of the Arbitration Ordinance (leave Granted)
Outcome
Leave to appeal granted
Legal Topics
Illegality Defence, Setting Aside Award, Remission Under Section 81, Judicial Review of Arbitral Awards, Patel Factors, Model Law Article 34
Source Language
EN
Arbitration Public Policy Enforcement Civil Procedure Construction Law Illegality Defence Setting Aside Award Remission Under Section 81 +3 more

Case Brief

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Parties

G

Applicant / Plaintiff

N

Respondent / Defendant

Procedural Posture

Construction and Arbitration Proceedings / Application for Leave to Appeal Against Decision Remitting Awards Under Section 81 of the Arbitration Ordinance (leave Granted)

Legal Issues

  1. 1 Scope of supervisory court intervention on public policy when illegality is raised as a defence
  2. 2 Interplay between denial of remedies for illegality and policy of minimal curial intervention in arbitration
  3. 3 Whether a decision to suspend setting aside proceedings and remit under section 81 is substantive and appealable

Ratio Decidendi

The court held that the Decision to suspend setting aside proceedings and remit the Awards to the tribunal under section 81 was substantive and appealable with leave; the issues raised about the scope of judicial review of a tribunal's consideration of public policy when illegality is pleaded are important and novel and have reasonable prospects of success; a clerical mis‑citation did not defeat jurisdiction; accordingly leave to appeal was granted to obtain authoritative guidance from the Court of Appeal.

Court Disposition

Leave to appeal granted

Orders

  • Grant leave to appeal in terms of the draft order attached to N's skeleton submissions of 19 January 2024