12 Dec 2022
Leave to appeal was granted because the posed question is of general importance and it is the first time it falls to be considered by a Hong Kong court; leave is confined to that question.
31 Aug 2022
Whether an arbitral tribunal's decision on fulfilment of a pre‑arbitration procedural requirement is amenable to court review under Article 34(2)(a)(iii) depends on the parties' intention as evidenced by the arbitration agreement; where the agreement shows the dispute falls within the submission to arbitration, the tribunal's decision is not reviewable under Article 34(2)(a)(iii). In this case Clauses 14.2 and 14.3 were construed to include the issue within the submission to arbitration, so the tribunal's decision is not reviewable.