Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Award reasons

  • 26 Jul 2022

    LY v. HW

    Citation
    [2022] HKCFI 2267
    Court
    Court of First Instance
    Case number
    HCCT96/2021

    Reading the Award reasonably and in context, the Tribunal clearly addressed the core dispute over ASV and WASP, accepted the Rollover Arrangement effect on ASV and explained why LY's calculations were wrong; any omission to state express findings on ancillary legal points (JRC power, formal written amendment, assignment technicalities) were not failures to deal with essential issues and at most errors of law or non‑material omissions; there was no serious or egregious denial of due process or public policy breach; therefore the setting aside application fails and is dismissed.

  • 15 Jun 2015

    A v. B

    Citation
    A v. B
    Court
    Court of First Instance
    Case number
    HCCT40/2014

    The arbitrator failed to address and give understandable reasons for rejecting the central pleaded limitation defence (Paragraph 7.5); that omission created a real risk of substantial injustice and offended fundamental notions of justice such that enforcement would be contrary to public policy, but the defect was remediable; accordingly the court remitted the award to the arbitrator under Article 34(4), stayed the setting aside proceedings for 90 days, and made an order nisi for costs in favour of A.