A party may apply to cfi to challenge an award on

A party may apply to CFI to challenge an award on grounds
of “ serious irregularities ”. But the court cannot set aside
the award merely because it contains errors of law or fact on
its face
- The court’s appellate jurisdiction will only be invoked in case the
parties have unanimously consented to it, or where permission to
s46
s25
s56
S70
S84
S4.2 sch 2

appeal has been granted by the court
“Leave will not be granted unless the Court is satisfied that the arbitral
award will substantially affect the rights of one or more of the parties, the
question is one which the arbitral tribunal was asked to decide and the
decision on the question is obviously wrong/ decision open to serious
doubt
Arbitration Institution
Hong Kong International Arbitration Centre( HKIAC)( non-profit company)
- Non-profit company
- Has statutory power to appoint arbitrators in case parties have failed to
agree a mechanism for making such appointments
Other institutions: the Chartered Institute of Arbitrators, the International
Court of Arbitration, the China International Economic and Trade
Arbitration Commission( CI-ETAC)
S6.4 sch2
Mediation
(
Conciliati-
on
- Described as assisted negotiation, involve procedures whereby an
independent, impartial person assists the parties to reach an agreed
settlement on their dispute
- Impartial mediator (s) does not determine rights or wrongs of the
parties (x apply law) (rather a constructive process)
- Parties control the mediation process and outcome (so satisfaction of
result generally higher)
- Informal, consensual and confidential
- Lawyers play a minimal role in mediation
- Opposed to adversarial legalism and zero-sum “win-lose” mentality
- Promote win-win situation
- Settlement can be embodied in written form-> enforceable contract
Mediation Ordinance enacted in 2013
- Mediation is: “one or more impartial individuals, without
adjudicating a dispute or any aspect of it, assist parties to the dispute
to(a) identify the issues in dispute;(b) explore and generate options ;
(c) communicate with one another;(d) reach an agreement regarding
the resolution of the whole or part of dispute
- Bans disclosure of mediation communication unless parties consent to
disclosure or a court permits it
- Mediation should be as confidential as possible (communication may
not be admitted without parties’ permission)
Family mediation
- Parties not required to prove their case (no need find flaws in others
evidence->less hostile)
- Help family members to identify their common interest
S4(1)
S 8
S9

- Divorcing parents will typically be asked to share time with their
children in lieu of competing for custody and care
- Mediation coordinators’ office(family C) and Mediation Information
Office (HC)
- But not suitable for disputes involve domestic violence and child abuse
(otherwise may prevent one party to negotiate freely because of stress and
fear)
Other areas of mediation
- Labours relation
- Business related (govt/ construction contracts)
- Investment mediation, etc
Adv :
- Confidentiality (no records/ transcript, evidence introduced in