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Whether an arbitral tribunal’s decision constitutes an “award” is an important question. It determines, for example, whether the decision is subject to review by the supervisory court, the available recourse against it, and its enforceability. As there is no universally accepted definition of “award”, its meaning depends on the jurisdiction in question. The Court of First Instance considered in two recent cases whether the arbitrator’s decision amounted to an award: In G v N [2024]…

In recent years, the Hong Kong courts repeatedly considered the approach the court should adopt in proceedings where a creditor petitions to wind up a debtor and the parties have agreed to refer disputes over or related to the petition debt to arbitration. Should the court stay or dismiss the petition pending arbitration of the dispute where the debtor disputes the debt, or raises a set-off defence, a counterclaim or crossclaim, which if successful would…

A. LEGISLATION AND RULES A.1 Legislation A.1.1 Hong Kong adopts restrictive state immunity doctrine State immunity is a fundamental rule of customary international law, which originates in the historical notion that a sovereign cannot be sued in the courts of its own country or of a foreign country. By the State Immunity (Overseas Territories) Order 1979, the United Kingdom extended the ambit of its State Immunity Act 1978 to Hong Kong, which adopted a restrictive…

The case of T v W[1] reinforces the important principle that bills of exchange have a legal life of their own, separate from the underlying contract. They usually do not fall within the scope of an arbitration clause in the underlying contract unless there is a clear and express indication that they do. Factual background Under a Loan Agreement, P agreed to lend D HKD 5 million. P advanced the money and D drew a…