18 Oct 2018
Z v. Y
- Citation
- [2018] HKCFI 2342
- Court
- Court of First Instance
- Case number
- HCMP1771/2017
Recognition and enforcement of the Award was refused under section 95(3)(b) because the arbitral tribunal failed to give adequate reasons and to properly consider a central allegation that the underlying HD and MD contracts were sham and illegal under PRC law; that failure to address a material issue deprived the parties of reasonable expectations of due process and made enforcement contrary to Hong Kong public policy. Other grounds (capacity, duress, absence of arbitration agreement, notice) were considered and rejected on the evidence, but the inadequate reasoning on illegality was decisive.