Challenges to an award: invalidity and jurisdiction

The decision of Mimmie Chan J in the Hong Kong Court of First Instance, in Arjowiggins HKK2 Ltd v X Co [2016] HKCFI 1901, considers a number of important issues on the invalidity of an award and challenges to the jurisdiction of the tribunal. The case was decided under the Hong Kong Arbitration Ordinance, but it does not differ in any material particular from the English Arbitration Act 1996 for the purposes of the issues raised. The case is discussed by Edward Yang Liu, Senior Associate, Reed Smith Richards Butler.

An arbitration under the Hong Kong International Arbitration Centre (“HKIAC”) Rules was commenced by Arjowiggins HKK2 Ltd (the claimant) against X Co (the respondent) under a joint venture contract between the claimant and the respondent (the “JV Contract”).