No Constitutional Challenge To HK Arbitration

Constitutional Challenge to HK Arbitration, No Appeal

King & Wood Mallesons review the Hong Kong High Court’s decision in Wing Bo Building Construction Company Limited v Discreet Limited [2016] HKCFI 41, where the High Court clearly affirmed the constitutionality of Section 20(8) of the Arbitration Ordinance (Cap. 609) which provides that Court of First Instance decisions to stay proceedings in favour of arbitration are not subject to appeal. The authors note that the decision in is an explicit endorsement of Hong Kong’s arbitration regime and rejects any argument that the bar on appeal is incompatible with the Basic Law, Hong Kong’s constitutional document.

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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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