Hong Kong court sets aside arbitral award against wrong company
Out-Law News | 10 Mar 2021 | 10:29 am | 3 min. read
The Court of First Instance in Hong Kong has set aside an arbitral award after the party bringing the claim erroneously amended the name of the respondent to that of a non-party to the arbitration agreement.
The decision demonstrates the importance of both parties in dispute and their lawyers properly complying with procedural requirements, including the need to properly identify and verify the identity of the opposing party, according to arbitration expert Alvin Ho of Pinsent Masons, the law firm behind Out-Law.
The dispute arose between two businesses, referred to in the judgment as AB Bureau and CD, over a success fee of approximately US$11 million for services rendered under an agreement between the parties in November 2013. The agreement contained an arbitration clause and, in April 2019, CD commenced a Hong Kong International Arbitration Centre (H
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