Practice Directions

1. Every notice of motion by way of appeal against an arbitration award under s.23(2) of the Arbitration Ordinance (Cap.341) shall contain a succinct statement in numbered paragraphs of each ground upon which it is sought to contend that the arbitral tribunal erred in law. Reference shall be made to the paragraph or passage of the award and reasons where each alleged error is to be found. A copy of the award and reasons forming part of the award and any documents expressly incorporated in the award of such reasons shall accompany the notice of motion when the same is served and entered, unless the appeal arises from a minor part only of the award and reasons in which case the relevant extracts shall accompany the notice of motion.

2. Any respondent to such a motion by way of appeal who contends that the award should be upheld on grounds not or not fully expressed in the award and reasons should provide to the applicant and to the court, not later than two clear days before the application for leave is listed for argument, a succinct statement of such grounds in numbered paragraphs, with reference where appropriate to any relevant paragraph or passage of the award and reasons.

3. Any statement provided under paras.1 and 2 should contain specific reference to any authority relied on. A copy should be provided with the statement of any authority not contained in the Hong Kong Law Reports, the Law Reports, the Weekly Law Reports, the All England Law Reports, Lloyd's Law Reports or the English Reports.

4. Where the applicant contends that any question of law arising out of an award concerns a term of contract or an event which is not a one-off clause or event, he shall serve on the respondent with his notice of motion and lodge with the court an affidavit setting out the facts relied on in support of his contention. A respondent who challenges that contention shall provide to the applicant and to the court, not later than two clear days before the application is listed for argument, an affidavit setting out the facts upon which he relies.