The Hong Kong Arbitration Ordinance Commentary And Annotations

, which governs both domestic and international arbitrations in Hong Kong based on the UNCITRAL Model Law.

Article 34 of the Model Law, as applied via Section 73, provides the exclusive grounds for setting aside an award (e.g., incapacity, invalid arbitration agreement, breach of natural justice, public policy). Hong Kong courts have adopted a narrow, pro-enforcement interpretation. In Grand Pacific Holdings Ltd v. Pacific China Holdings Ltd (2012) 15 HKCFAR 437, the Court of Final Appeal held that “public policy” refers only to Hong Kong’s most basic notions of morality and justice, not mere legal error. Annotations consistently praise this approach as enhancing the finality of awards and discouraging frivolous set-aside applications. , which governs both domestic and international arbitrations

: Section 84(4) requires a stay of enforcement if the courts of the seat (e.g., Mainland) have a pending set-aside application. Commentators note the practical trap: Parties often confuse this with the New York Convention’s "status quo" requirement. In Grand Pacific Holdings Ltd v