Hong Kong Court Refuses Recognition Of Mainland Award On Public Policy Grounds

Hong Kong Court Refuses Recognition of Mainland Award on Public Policy Grounds

Herbert Smith Freehills reviews the 2018 decision of the Hong Kong High Court in Z v Y [2018] HKCFI 2342, where the Court refused to recognise an Award of the China Guangzhou Arbitration Commission by reason of public policy. This is another case where the Court has considered public policy grounds in the context of a set aside application (see this post last month from Herbert Smith Freehills), and demonstrates the various grounds upon which a set aside application may be made and the reluctance of the Court to enforce an arbitral award where it appears the original tribunal has insufficiently addressed important issues in its award – such as illegality of contract. … READ MORE

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About Phillip Rompotis

Phillip practices as a barrister and arbitrator in Hong Kong. He has over 25 years’ litigation and arbitration experience in commercial disputes relating to construction & engineering, financial services, joint venture & shareholders agreements, technology, trusts, property and landlord & tenant. He is a Fellow of the Chartered Institute of Arbitrators, the Singapore Institute of Arbitrators, the Malaysian Institute of Arbitrators, and a member of various lists/panels of arbitrators.

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