G v N 2023 HKCFI 3366 - 29 December 2023
Country
Year
2023
Summary
This case involves the interesting question of the application of public policy in a case where illegality is raised as a defence to a claim, and the extent to which the Court can intervene under Article 34 of the Model Law. This is in the context of a case where the arbitral tribunal had, in the course of reaching its decision on whether to grant or deny relief after a finding on illegality, considered the question of what the tribunal perceived to be the public policy of the relevant jurisdiction. Can it be contended that the tribunal's decision on public policy is erroneous? If the tribunal's decision on public policy is to be challenged, should it be characterized as an error of law, which is not subject to the Court's review? Or is the Court entitled to set aside the award as it finds that the award is in conflict with public policy because the tribunal's view of the public policy was erroneous?