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Second Bite at the Apple: Is Public Policy Really only a Last Line of Defence?
Mode: Online / In-person (Venue: N201, HKCEC)

In spite of all the benefits offered by international arbitration, one main concern that remains for users or arbitration is the strictly limited reasons a court may review arbitral awards. In most jurisdictions, courts may only review arbitral awards for reasons such as alleged procedural irregularities or jurisdictional issues. While most jurisdictions worldwide recognize an exception for "public policy" concerns outside of the limited express reasons to set aside or refuse enforcement of an award, historically speaking, this possibility was sparingly used. While the fear of the lack of recourse if an arbitral tribunal was "blatantly wrong" or if another serious error occurred within the arbitral proceeding exists, it is important to note that protections exist for such manifest errors.

This panel will discuss how various jurisdictions approach the public policy exception when determining whether to set aside or not enforce an arbitral award. In particular, the panelists will look at recent case law in Hong Kong, the UK, the US, and other leading arbitral seats, and discuss whether parties can rely on the public policy prong of the New York Convention to ensure protection of their arbitral proceedings against manifest wrongdoings outside of procedural irregularities or jurisdictional arguments.

1 CPD point for Hong Kong Law Society (pending)

• Ms. Sherlin Tung, Partner at Withers (Hong Kong)

Speakers (in alphabetical order):
• Dr. Lisa Beisteiner Partner at Zeiler Floyd Zadkovich (Vienna, Austria)
• Mr. Simon Chapman, Partner at Herbert Smith Freehills (Hong Kong)
• Dr. Patricia Shaughnessy, Professor at Stockholm University (Sweden)
• Mr. Baiju Vasani, Partner & Co-Head of International Arbitration at Ivanyan & Partners (London, the U.K.)

Nov 3, 2021 04:00 PM in Hong Kong SAR

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