ABSTRACT
This chapter summarizes the key provisions in the Arbitration Ordinance empowering the court to intervene or assist, in so far as necessary or appropriate, in international commercial arbitration proceedings. It identifies the general principles that should guide the court when deciding whether to intervene or assist in international commercial arbitration proceedings seated in Hong Kong or elsewhere. The chapter explains how the court should exercise its powers in specific paradigm situations. It examines the setting aside of awards by the court when Hong Kong is the seat of arbitration, as well as the recognition and enforcement of awards when Hong Kong is not. The chapter considers the Court of Appeal's recent judgment in the Astro Nusantara case. A judicial review of the tribunal's ruling on the evidence and submissions before the tribunal should be sufficient in the interests of fairness, time and cost.
