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In G v N [2023] HKCFI 3366, an arbitrator decided on illegality under Hong Kong law applying the wrong test. G sought to set aside the awards, among others, on the ground that they are in conflict with Hong Kong public policy on illegality, alternatively for the matter to be remitted to the arbitrator to give him an opportunity to eliminate the setting aside grounds. The Court found that the awards were in conflict with…

A. LEGISLATION AND RULES A.1 Legislation A.1.1 Hong Kong expands financing options for arbitration parties Third-party funding is an arrangement by which the funder receives a financial benefit only if the funded party is successful in the proceedings. It is contingent — the funder takes a risk that the claim will not succeed, while the funded party has a reduced financial risk. Third-party funding for arbitrations, arbitration-related court proceedings and mediations has been permitted in Hong Kong…

In the recent case of W v AW,[1] W sought to set aside an award in the Hong Kong Court of First Instance, relying on issue estoppel. Issue estoppel may arise where a particular issue forming a necessary ingredient in a cause of action has been litigated and decided, and one of the parties seeks to re-open that issue in subsequent proceedings between the same parties involving a different cause of action to which the…

HONG KONG Philipp Hanusch and James Ng A. LEGISLATION AND RULES A.1 Legislation A.1.1 Amendments to the mutual enforcement arrangement between Hong Kong and the Mainland Upon Hong Kong’s return to the People’s Republic of China (PRC) on 1 July 1997, the PRC extended the territorial application of the New York Convention to Hong Kong. However, arbitral awards made in Hong Kong could no longer be directly enforced in the Mainland and vice versa, as…