Highest Court In Hong Kong Clarifies The Limits Of Judicial Intervention In The Arbitral Process (C V D [2023] HKCFA 16)

The Court of Final Appeal decided that the court did not have power to set aside the tribunal’s decision on whether pre-arbitration conditions in an arbitration agreement were fulfilled. It concluded that upon the proper construction of the Agreement, both the main contractual dispute and the dispute as to the fulfilment of the pre-arbitration conditions under the Agreement fell within the parties’ contemplation and intended submission to arbitration, such that the Appellant could not rely on Article 34(2)(a)(iii) of the Model Law to bring proceedings in the court to set aside the arbitral award.

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