4 Jun 2024
A v. R1 AND ANOTHER
- Citation
- [2024] HKCFI 1511
- Court
- Court of First Instance
- Case number
- HCCT20/2023
Enforcement refused because the SCIA Approval extending the tribunal's deadline and the Deferral Agreement permitting continuation despite non-payment of fees were obtained and processed in a manner that deprived the 2nd Respondent of an opportunity to present substantive defences and undermined the structural integrity of the arbitration; the procedural failings were sufficiently serious to engage s95(2)(c)(ii), s95(2)(e)(i) and s95(3)(b) of the Arbitration Ordinance, and accordingly the Enforcement Order was set aside and enforcement of both awards refused.