O v S - Hong Kong Court of First Instance 2026 HKCFI 4910 - HCCT82-2026 - 31 August 2026

Country
Year

2026

Summary

... Defendant ("Party D") seeking to:-

(1) set aside the whole partial award issued on 23 December 2025 (the "Partial Award") by a 3-member tribunal (the "Tribunal") under the Hong Kong International Arbitration Centre (the "HKIAC") in an arbitration (the "Subject bitration") commenced by Party D against Party P, on the ground of apparent bias in that that a member ("Member R") also the presiding arbitrator of the Tribunal had in an earlier arbitration (the "Prior Arbitration") ruled against one of the Party P's witnesses ("Witness Z"); or

(2) alternatively, set aside paragraphs 289 to 291 and 391.5 of the Partial Award on the ground that these paragraphs concern issues which the parties had agreed should be dealt with in the first phase ("Phase 1") of the Subject Arbitration (resulting in the Partial Award) rather than leaving these issues to be dealt with in the second phase ("Phase 2") of the Subject Arbitration.

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