A party may apply to CFI to challenge an award on grounds of serious

A party may apply to cfi to challenge an award on

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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
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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
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- 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
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