Hong Kong CA Clarifies Good Faith Principle When Enforcing Awards

Court of Appeal provides clarification on “good faith” principle in the context of enforcement of arbitral awards

Baker McKenzie review the Hong Kong Court of Appeal’s decision in the Astro v Lippo case, focussing on the Court’s treatment of the concept of “good faith” and the discretion available to the Court to enforce foreign awards under the New York Convention even though a ground for resisting enforcement has been established under Article V.  While the CA’s decision was overturned in the Court of Final Appeal, the CFA did not disturb the CA’s consideration of the good faith principle.

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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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