C V D

[2022] HKCA 729, Hong Kong Special Administrative Region Court of Appeal, Justice of Appeal Cheung, Justice of Appeal Yuen and Justice of Appeal Chow, 7 June 2022

Arbitration – Jurisdiction and admissibility – Challenge to award holding that pre-arbitration procedures had been satisfied – Whether ruling subject to appeal

The parties entered into an agreement which contained a tiered arbitration clause. In the event of a dispute the parties were to attempt in good faith to resolve the dispute by negotiation and could refer the dispute to their respective chief executive officer (CEO). If a dispute could not be resolved amicably within sixty business days after a party's request for negotiation, the dispute was to be referred to UNCITRAL arbitration at the Hong Kong International Arbitration Centre.