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ARTICLE · 02 SEPTEMBER 2026

Hong Kong Courts Order Substantial Security For Awards Pending Challenges

Herbert Smith Freehills Kramer LLP
Herbert Smith Freehills Kramer LLP
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Herbert Smith Freehills Kramer LLP

Herbert Smith Freehills Kramer LLP

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Three decisions handed down within 15-day period grant security as condition for delaying enforcement pending determination of award challenges; allegations of arbitrator bias in two cases robustly rejected.

Hong KongLitigation, Mediation & Arbitration
Simon Chapman KC
Simon Chapman KC
Kathryn Sanger
Kathryn Sanger
Antony Crockett
Antony Crockett
Helen Tang
Helen Tang
Dana Kim
Dana Kim
Murphy Mok
Murphy Mok
Martin Wallace
Martin Wallace
Imogen Kenny
Imogen Kenny
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The Hong Kong Court of First Instance has handed down three separate decisions granting substantial security as a condition of delaying the enforcement of awards pending a challenge to enforcement in Hong Kong (COB v. FCD [2026] HKCFI 4162) and set-aside applications at the seat (MB v. HB [2026] HKCFI 4437 and TC v. LC [2026] HKCFI 4304).

The decisions were all handed down within a period of just over two weeks by the Honourable Madam Justice Mimmie Chan, who has been the judge in charge of the Construction and Arbitration List of the Hong Kong Court of First Instance since 2013. In two decisions, allegations that arbitrators lacked independence or impartiality were rejected in strong terms based on a preliminary consideration of their merits.

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