Serious Irregularity
Hong Kong / Jurisdiction / Multi-tier Clauses / Serious Irregularity / Setting Aside Award

HK Court Refuses to Set Aside Enforcement Order in Unusual Circumstances

- by Phillip Rompotis

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.

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Construction / England / English Arbitration Act s.33 / English Arbitration Act s.68 / Procedural Fairness / Serious Irregularity

English Court Rejects s.68 Challenge Brought For Breach Of Tribunal’s Duty Of Fairness

- by Phillip Rompotis

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.

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England / English Arbitration Act s.68 / Expert Evidence / Remission of Award / Serious Irregularity / Setting Aside Award

English Court Refuses To Set Aside Due to Tribunal’s Refusal to Admit Expert Report

- by Phillip Rompotis

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.

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Appeal of Award / Arbitration Ordinance Sch.2 / Construction / Hong Kong / Model Law Article 34 / Serious Irregularity / Setting Aside Award

HK Court Rejects Serious Irregularity Ground Of Appeal In Tunnel Dispute

- by Phillip Rompotis

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.

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