Hong Kong court refuses to enforce an arbitral award on the basis of violation of public policy

In Z and Y [2018] HKCFI 2342, the Hong Kong Court of First Instance (CFI) refused to recognize and enforce an arbitral award (Award) of the China Guangzhou Arbitration Commission (Commission) on the basis that enforcement under section 95(3)(b) of the Hong Kong Arbitration Ordinance would be contrary to the public policy of Hong Kong. This is a rare example of the Hong Kong courts invoking such grounds.

The judgment also dealt with commonplace arguments to challenge jurisdiction and enforcement, which will be of interest to arbitration users.

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