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Substantial injustice: issue estoppel

Arbitration Law Monthly

Substantial injustice: issue estoppel

In W v AW [2021] HKCFI 1707 Mimmie Chan J in the Hong Kong SAR Court of First Instance was faced with an application to set aside an arbitration award in circumstances where there had been an earlier award between the same parties involving the same issues but coming to the opposite conclusion. The problem was exacerbated by the presence of a common arbitrator who had signed both awards.

W v AW : the facts

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