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Final and binding on the parties
- An award made by an arbitral tribunal in the Hong Kong SAR is final and binding on the parties. Parties that are not satisfied with the award, can apply to set aside the award, appeal on questions of law or challenge an award based on serious irregularity.
www.pinsentmasons.com/out-law/analysis/challenging-an-arbitral-award-in-hong-kong
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How are awards made in Hong Kong enforced in other states? Awards made in Hong Kong are enforceable in principle in the courts of all states that are party to the New York Convention. In other states, Hong Kong awards may be enforceable, depending on
2022年4月12日 · The courts in the Hong Kong Special Administrative Region (SAR) are pro-enforcement of arbitral awards. The applicable domestic legal framework for enforcing arbitral awards in Hong Kong SAR is set out in the Arbitration Ordinance (Cap 609).
Arbitral awards made in Hong Kong can be enforced in all State parties to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Arbitration Ordinance (Cap. 609) The Arbitration Ordinance (Cap. 609) (“the Ordinance”) came into effect in June 2011 with the following salient features:
2015年10月17日 · An award, whether made in or outside Hong Kong, in arbitral proceedings by an arbitral tribunal is enforceable in the same manner as a Court of First Instance judgment that has the same effect, but only with the leave of the court. If leave is granted, the court can enter judgment in terms of the award.
2020年5月29日 · Before 1997, arbitral awards were recognised and enforced between Hong Kong and Mainland China by way of a mutual arrangement under The Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the “New York Convention”).
In the absence of reciprocal arrangement between the two jurisdictions, Hong Kong arbitral awards are not enforceable in the Mainland, and vice versa. The Arrangement was thus signed to rectify the situation.
Enforcement of Awards. Points peculiar to HK. Overview - Challenging an Arbitral Award. An arbitration award is final and binding unless otherwise agreed by the parties (s. 73 of the Arbitration Ordinance (Cap. 609)(“HKAO”)) Nevertheless, a party may challenge the award if one of the grounds under s. 81 of the HKAO are met.