Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Judicial review of arbitral findings

  • 3 May 2022

    WISDOM GLORY INVESTMENT LTD v. ADWO MEDIA HOLDING LTD

    Citation
    [2022] HKCFI 1296
    Court
    Court of First Instance
    Case number
    HCCT70/2020

    Leave to appeal was refused because established authority confines the court to review for structural irregularity rather than reassessment of competing factual findings, Tribunal 2 gave no reasons for its divergent findings so the court would be improperly substituting its own view, the confidentiality argument was unpersuasive and not absolute, and the applicant failed to meet the threshold for leave to appeal.

    • Set aside arbitral award
    • Contradictory awards
    • Judicial review of arbitral findings
    • Duty of confidentiality of arbitrators
    • Leave to appeal

  • 6 Dec 1996

    ASSOCIATED INTERNATIONAL HOTELS LTD. v. PYROK INDUSTRIES LTD.

    Citation
    ASSOCIATED INTERNATIONAL HOTELS LTD. v. PYROK INDUSTRIES LTD.
    Court
    Court of First Instance
    Case number
    HCMP2842/1996

    The application was dismissed because the court found the arbitrator's core findings (that the warranty constituted a contractual variation, that the respondent was not liable under the warranty because causation was established as moisture/Ceramicoat for which respondent was not responsible, and that his exclusion of limited expert evidence was a lawful exercise of discretion) were within the range of reasonable conclusions and did not amount to reviewable error or misconduct.

    • Warranty and contract variation
    • Implied terms
    • Judicial review of arbitral findings
    • Admission of expert evidence
    • Costs