A dispute arose as to whether an arbitrator ("QF") and a secretary to a tribunal ("Y") could be compelled to give evidence with regards to the conduct of QF during an arbitration hearing. The Respondent applied to set aside the Court's order ("Setting Aside Application") to enforce the arbitral award ("Award") of the Chengdu Arbitration Commission ("Commission").
The Respondent claimed that QF's conduct during the 2nd hearing ("Hearing") makes the enforcement of the Award contrary to public policy.
The Hong Kong Court of First Instance ("the Court") discussed i) the nature of the Setting Aside Application, ii) whether QF can be ordered to give evidence as to his conduct during the Hearing, and iii) whether Y can be ordered to make statements and documents regarding QF's location at the time of the Hearing.
The Court made the following decision:
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