Hong Kong - application for injunction to restrain arbitrator continuing to act as arbitrator dismissed (Fenn v So)

Arbitration analysis: This highly unusual Hong Kong District Court action arises from an underlying arbitration in which the claimant sought to terminate the appointment of an arbitrator. The claimant then issued the writ in this action and sought an interlocutory injunction restraining the defendant from acting or continuing to act as the arbitrator in the arbitration. The hearing of that application was adjourned by consent. Subsequently, the arbitrator handed down a partial cost award. Therefore, the claimant applied again for an injunction to restrain the arbitrator from acting as arbitrator. The application was dismissed as there were no material change in circumstances between the adjournment by consent and the second application.

This article was first published by Lexis®PSL on 21/09/2020