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.
Hong Kong CA Clarifies Good Faith Principle When Enforcing Awards
