29 Dec 2023
G v. N
- Citation
- [2023] HKCFI 3366
- Court
- Court of First Instance
- Case number
- HCCT38/2021
The court held that it has jurisdiction to consider whether enforcement of the awards would conflict with current Hong Kong public policy (applying the Patel/Monat approach) while respecting the arbitrator’s findings of fact and law; because the arbitrator applied Tinsley rather than the Patel multi‑factor test the proper course was to suspend the setting aside proceedings under Article 34(4)/section 81 and remit the matter to the arbitrator for reconsideration; the challenge under clause 6.10(e) was dismissed because it was an inadmissibility/remedy point not a timely jurisdictional challeng…