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17 Feb 2022

Arbitration — Arbitral award — Setting aside — Leave to enforce — Scope of submission of arbitration — Public policy (ARJOWIGGINS HKK2 LTD v X CO)

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Arbitration analysis: The applicant ("HKK") and the respondent ("X Co") formed a joint venture in Mainland China ("JV"). After the breakdown of relationship between the former partners, X Co com-menced arbitration in Hong Kong seeking for exclusive possession of the documents in the joint venture. During the course of the arbitration, the JV was placed in liquidation. The Tribunal dismissed X Co's claim but asked for further submission on the disposal of the documents. The Tribunal or-dered the documents to be delivered up to the compulsory liquidation group. HKK applied to the Hong Kong court to set aside the award under section 81(1) of the Hong Kong Arbitration Ordinance (Cap 609) (which incorporates article 34(2)(a)(iii) of the United Nations Commission on International Trade Law Model Law). The Hong Kong Court of First Instance set aside the award on the ground that the order made by the Tribunal was beyond the jurisdiction of the Tribunal.

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This analysis was first published on Lexis®PSL on 2 February 2022.

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