12 Apr 2011
GAO HAIYAN AND ANOTHER v. KEENEYE HOLDINGS LTD AND ANOTHER
- Citation
- GAO HAIYAN AND ANOTHER v. KEENEYE HOLDINGS LTD AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCCT41/2010
The Court set aside the ex parte enforcement order and refused enforcement because the minimalist account of the Shangri‑la mediation created a real risk of apparent bias under the Porter test; the Respondents did not waive the complaint by continuing the arbitration; the Xian Intermediate Court's dismissal did not estop the Respondents from raising Hong Kong public policy objections; public policy against enforcing awards tainted by apparent bias overrides finality.