5 Nov 2020
X v. Y
- Citation
- [2020] HKCFI 2782
- Court
- Court of First Instance
- Case number
- HCCT62/2018
The enforcement order was set aside because the tribunal exceeded the scope of the parties' submission by effectively determining the validity of the Pledge on the basis of Taiwanese law notwithstanding that the Pledge was governed by Singapore law and subject to Singapore jurisdiction, and because the Bank was deprived of a fair opportunity to present its case when the tribunal adopted a novel legal position (treating Article 146 as a validity provision) in its post‑hearing decision without giving the Bank a chance to respond (grounds established under s86(1)(d) and s86(1)(c)(ii) Arbitration…