Hong Kong: Pro-Arbitration courts intervening only in rare and exceptional circumstances
The Hong Kong courts have traditionally shown strong deference to the autonomy of arbitral tribunals and the finality of arbitral awards. In recent years, this position is further reinforced, demonstrated by the data and judicial decisions. As Hong Kong Arbitration Week continues, CMS arbitration experts have reviewed the data of the Hong Kong courts to identify the threshold for setting aside arbitral awards, when the Hong Kong courts will intervene and the extent that setting-aside applications are successful.
Those involved in arbitration-related proceedings before the Hong Kong courts should be aware that successful challenges are rare and the courts are reluctant to challenge or refuse enforcement of arbitral awards except in exceptional circumstances. As a result, procedural issues should be raised promptly during arbitral proceedings.
Please click the link to read the full article, the first in the CMS Arbitration Atlas series: Hong Kong: Pro-Arbitration courts intervening only in rare and exceptional circumstances
