Recourse against Arbitral Awards: How Far Can a Court Go? Supportive and Supervisory Role of Hong Kong Courts as Lessons to Mainland China Arbitration

Abstract

Through a comprehensive comparison of various circumstances of recourse against arbitral awards in both Hong Kong and Mainland China, this article attempts to explore the underlying reasons for different approaches in the two jurisdictions, which traces origins back to the legal system, judicial culture and arbitration environment. Since Hong Kong's experience in the court's supportive and supervisory role regarding arbitral awards is more advanced, it should be borrowed by the Mainland in any future potential reform. The article argues that the reform and modernization of national arbitration legislation, whether in Hong Kong or in Mainland China, demonstrates different translation phases of the UNCITRAL Model Law. Given the special relationship between the two jurisdictions, a perfect arbitration environment in China should be fostered by combined efforts of both sides.