Phillip Rompotis reviews C v D [2021] HKCFI 1474, where the HK Court considered an application to set aside a partial award on jurisdiction on a ground that commonly arises in arbitration proceedings – whether an obligation to negotiate prior to commencement of proceedings goes to the admissibility of a claim or to the jurisdiction on the tribunal. Not surprisingly, and consistent with jurisprudence in many other countries, the Court found that the the obligation to negotiate goes to admissibility, not jurisdiction.
#arbitrationlaw #internationalarbitration