17 Jun 2021
W v. AW
- Citation
- [2021] HKCFI 1707
- Court
- Court of First Instance
- Case number
- HCCT70/2020
Award 2 was manifestly invalid and contrary to public policy because Tribunal 2 reached essential and inconsistent findings on the same issues already determined by Tribunal 1 between the same parties; the presence of a common arbitrator who participated in both awards and failed to disclose, explain or invite submissions on the prior award deprived the process of procedural fairness and justice; the apparent bias complaint against the presiding arbitrator failed on the objective test. Consequently security was refused and costs ordered as stated.