Hong Kong court provides guidance on award challenges for failure to deal with an essential issue

The Hong Kong Court of First Instance has provided further clarity on when awards can be set aside for failure to deal with an essential issue, dismissing a challenge on the basis that the points in question were not the focus of submissions to the tribunal (X and YCo v ZCo [2024] HKCFI 695).

Simon Chapman KC of Herbert Smith Freehills appeared for the successful award creditor in the case, which emphasises that the onus is on the parties and their lawyers to clearly identify the key issues to be determined by the tribunal, and to include these in any list of issues.

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