The Hong Kong Court of Final Appeal ("the CFA") was recently given its first opportunity to consider the exercise of the judicial discretion to grant leave to appeal against a domestic arbitral award. In Swire Properties Ltd & Others v Secretary of Justice [2003] HKEC 840, the CFA threw out Swire Properties’ application for leave; as a result, the Hong Kong conglomerate faces the prospect of having to pay a substantial land premium to the Government.
The case is another example of the pro-enforcement stance often adopted by the Hong Kong Courts, with respect to arbitration awards. However, the leading judgment (of the Hon. Mr. Justice Bokhary PJ) widens the scope to appeal against an award where the dispute arises out of a standard form clause.
