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Tag Archives: setting aside

The Hong Kong Court of First Instance Narrowly Construes the Arbitration Ordinance in Relation to Domestic Arbitrations and the Application of Schedule 2

In A v D [2016] CFI 1014/216 the Honourable Mimmie Chan J dismissed as “totally without merit” proceedings to set aside the decision of an arbitral tribunal and counterclaim on the alleged grounds of serious irregularity under section 4 of Schedule 2 of the Arbitration Ordinance, Cap. 609 (“the 2011 Ordinance“), imposing significant cost sanctions on the applicants. Background The Claimants and the Respondent were equity partners of a firm pursuant to terms set out in a letter dated 11 May 2007 (the “Agreement“). In accordance with the Agreement the

Hong Kong Court Shows Zero Tolerance for Unmeritorious Applications to Set Aside Arbitral Awards

In Arjowiggins HKK2 Limited v X Co [2016] HCCT 53/2015, the Honourable Madame Justice Mimmie Chan of the Hong Kong Court of First Instance gave short shrift to an application for setting aside an HKIAC award on technical and procedural grounds that she “dismissed as totally without merit.” Background Arjowiggins HKK2 Co Ltd (the “Claimant”) entered into a joint venture agreement in October 2005 (the “JV Agreement“) with X Co (the “Respondent”) to set up a company for the purpose of manufacturing paper products in China (the “Company”). ¬†Under the

French Supreme Court confirms binding nature of time limits applicable to challenges to arbitrators under the arbitration rules chosen by the parties

Abstract: The French Supreme Court recently rendered a highly anticipated decision in Tecnimont v. Avax, a case which had been the subject of proceedings before French Courts for more than six years. The Supreme Court held that a party who, with knowledge of the relevant facts, refrains in arbitration proceedings from exercising its right to challenge an arbitrator within the time limit set out in the applicable arbitration rules, must be deemed to have waived that right in relation to subsequent proceedings to set aside the award. On this ground,

Hong Kong Court of First Instance rejects application to set award aside on grounds of public policy and res judicata

The Hong Kong Court of First Instance has refused an application to set aside an award made in an ICC arbitration seated in Hong Kong, on public policy grounds, rejecting an argument that it should be set aside because the subject matter was res judicata. The dispute in Shanghai Fusheng Soya-Food Co Ltd v Pulmuone Holdings Co. Ltd arose under a joint venture agreement, which was governed by the law of the PRC with arbitration to be seated in Hong Kong.  The applicant initially commenced proceedings in the Shanghai No.

Qatar Court of Cassation clarifies grounds for setting aside an arbitral award

The decision of Qatar’s Court of Cassation to overturn a widely criticized lower court decision to set aside an arbitral award has been widely welcomed. Currently, Qatar does not have a distinct arbitration law. The Qatari Civil and Commercial Code of Procedure (Law No 13 of 1990) includes a section that governs arbitration (the Articles). The Articles have been widely criticised and Qatar recognizes the need to update them. A draft arbitration law, based on the UNCITRAL Model Law, is currently being prepared in Qatar. The main criticism of the