Meaning
Legislative clause in the Hong Kong Arbitration Ordinance that defines the exclusive grounds for setting aside an arbitral award. This section 66 mirrors Article 34 of the UNCITRAL Model Law, providing a strictly limited list of procedural failures that can invalidate a decision. It prevents parties from re-litigating the facts of the case, ensuring that the court does not act as a court of appeal for the merits of the dispute.
Judicial Intervention
Relief is only granted if the applicant proves that a party was under some incapacity or invalidity. The section 66 also covers situations where the tribunal exceeded its authority or failed to follow the agreed-upon procedure. Public policy remains a final ground for challenging the validity of the award.
Grounds Limitation
Application to the court must be made within three months from the date the party received the final award. This section 66 time limit is strictly enforced to provide certainty to the prevailing party. Failure to meet the deadline results in the loss of the right to challenge, regardless of the strength of the underlying procedural complaint or the volume of new evidence discovered after the period expires, which maintains the speed and efficiency of the overall arbitration system.
Time Constraint
Courts in Hong Kong maintain a high threshold for intervention to uphold the principle of arbitral finality. The section 66 process is designed to be a narrow safety valve for serious injustice.
