Procedural irregularity: law and fact

The English courts are regularly faced with arbitration appeals allegedly based on one or other procedural failure by the arbitrators but in essence amounting to no more than disagreement with the outcome. For an award to be set aside, it is necessary for the claimant to show that something has gone wrong in the procedure which has prevented the appellant from presenting the case.

China Property Development (Holdings) Ltd v Mandecly Ltd HCCT 53/2010 is an illustration from Hong Kong of the latter possibility. The case is discussed by Edward Yang Liu, LLM (Soton), ACIArb, Associate, Reed Smith Richards Butler.