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Summary In X v Y (HCCT 62/2018) [2020] HKCFI 2782 (Date of Decision: 5 November 2020), the Hong Kong Court of First Instance (the Court) set aside an order to enforce an arbitration award on the basis (i) that the tribunal’s findings were beyond the scope of the arbitration clause and the parties submission to arbitration, and (ii) that the respondent in the arbitration had not been given a reasonable opportunity to present its case and to meet the case of the claimant in the arbitration. In her judgment, Mimmie Chan J explained the principles for determining the proper scope of the tribunal’s jurisdiction where a dispute involves a series of connected agreements that are subject to different dispute resolution clauses. The court also provided guidance on how arbitrators should proceed if they are impressed by a point that had never been explored or advanced by either side in evidence or submissions.

Hong kongUnited kingdomRepublic of chinaTaiwan generalFiona trust holdings corpv privalovUnit trustRespondent the unit trustArbitration association of the republic chinaUnit trust accountArbitration associationTaiwan insuranceFiona trustHoldings corpTaiwan insurance actஹாங் காங்ஒன்றுபட்டது கிஂக்டம்