The Hong Kong Court of First Instance has set aside an HKIAC award on jurisdiction at the request of the claimant, overturning the tribunal’s ruling that a party seeking to be joined to the arbitration and substituted in the claimant’s place was the true principal to the contract (R v. A, B and C [2023] HKCFI 2034).
The decision of Mimmie Chan J confirms that a dispute as to the proper parties to an arbitration agreement is a true matter of jurisdiction which can be reviewed and decided by the Hong Kong courts. It also provides helpful guidance on the relevant legal principles governing the approach of the courts to jurisdictional questions, including the approach to new evidence and arguments which were not placed before the tribunal.