29 Dec 2023
G v. N
- Citation
- [2023] HKCFI 3366
- Court
- Court of First Instance
- Case number
- HCCT52/2023
The court held that it has the limited supervisory power to determine whether an award conflicts with Hong Kong public policy as currently understood (Patel/Monat) without re-opening the arbitrator's factual or legal findings; because the arbitrator did not apply the Patel/Monat framework the court suspended the setting aside proceedings and remitted the matter to the arbitrator under Article 34(4) for reconsideration; the challenge under clause 6.10(e) was dismissed as not jurisdictional and waived for failure to raise in arbitration; the interim preservation order was continued.