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In this case, the High Court granted W’s application to set aside an award made against it in favour of AW, on the grounds that the award in question was contrary to the public policy of Hong Kong, in that it had ignored findings in a previous award between the same parties on an issue that was common to both arbitrations.
As to W’s claim further allegation that there was an actual bias because the Presiding Arbitrator of the relevant tribunal had failed to disclosed her professional relationship with AW’s counsel, the Court found that there was no “real possibility” that the Presiding Arbitrator was biased.
Case note contributed by Cindy Ko, LLB (Hons), Advocate & Solicitor of Singapore, Solicitor of Hong Kong, International Contributor to DMC’s Case Notes
