Multi-party and multi-contract scenarios are commonplace in international arbitration. Many arbitration rules offer regimes seeking to tackle problems that may arise in such complex scenarios. An example is the regime under Article 29 of the 2018 HKIAC Rules. It allows a claimant to commence a single arbitration under multiple contracts where (i) a common question of law or fact arises under each arbitration agreement giving rise to the arbitration, (ii) the rights to relief claimed…

Recently in CNG v G and Another [2024] HKCFI 575,[1] The Honourable Madam Justice Mimmie Chan of the Court of First Instance dismissed an application to set aside an award. At the outset, Chan J has made yet another effort to summarise the important principles set out in many of the Courts’ decisions on challenges to awards or their enforcement: To Chan J’s dissatisfaction, reminders of these important principles have not been effective in discouraging…

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…