Herbert Smith Freehills reviews the decision of the Hong Kong High Court in U v S  HKCFI 2086, which dealt with an application to adjourn an application to set aside an enforcement order. In granting the adjournment, the Court took into account public policy and considered the “due weight” that was owed to a supervisory court in another jurisdiction. The authors observe that this decision confirms that Hong Kong courts will give due weight to the decision of the supervisory court when deciding whether to enforce an arbitration award, but will continue to bear in mind the importance of Hong Kong public policy when it comes to enforcement.
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.View