英国法院对严重不规则原则的审查
The English High Court dismissed a serious irregularity challenge under s.68 of the Act, reviewing the applicable legal principles, emphasising that s.68 should not be used to attack an arbitrator’s findings of fact and evaluation of evidence.
香港法院拒绝搁置执行令
In an unusual case, a party filed evidence and sought to resist enforcement of an award but at the hearing advised that it would not advance any arguments to oppose the application to set aside the order granting leave to enforce, thereby leaving the party seeking enforcement to satisfy the court that order ought to be set aside.
严重的违规挑战
Section 68 of the English Act provides the basis for challenging an arbitration award where there has been a serious irregularity. This is a useful overview of the (only seven) successful challenges brought under the section, highlighting the difficulties in success.
英国高等法院拒绝第68条对违反法庭职责的挑战
The English High Court considers an argument that the tribunal breached its duty of fairness, rejects the challenge under s.68 of the Arbitration Act, and sets out some guiding principles.
香港法院拒绝搁置仲裁裁决
The Court refuses to set aside or remit an arbitration award arising out of a project in Macau, rejecting arguments that the employer was unable to present its case or that the tribunal failed to deal with all the issues.
由于法庭拒绝接受专家报告，英国法院拒绝搁置
The English Court refuses to set aside and remit an award stating that s.68 is concerned solely with due process and represents an exhaustive list of what constitutes “serious irregularity” under the Act.
香港法院拒绝就隧道纠纷提起上诉
The HK Court dismisses an application for setting aside and remission of awards on the grounds of serious irregularity and alleged failure to present case, with a helpful restatement of the applicable legal principles.
The English Court rejects a challenge under s.68 of the English Act, and provides useful guidance on the test for determining whether a tribunal’s decision qualifies as an award for the purpose of a s.68 challenge.
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