HK Court reluctant to grant EOT for setting aside an arbitral award | Bryan Cave Leighton Paisner
The recent case of A v D (HCCT 52/2020) reinforces the pro-arbitration and pro-enforcement approach of Hong Kong courts. Under Article 34 (3) of the Model Law (adopted by section 81 of the Arbitration Ordinance (“ Ordinance”)), an application for setting aside an arbitral award may not be made three months after the applicant received the award. In this case the applicants sought to extend the time to set aside an arbitral award. The Court of First Instance (“ Court”) took the view that (even if the court had the jurisdiction to grant an extension) the Applicants had come nowhere nea...