Serious irregularity: deciding on issues not argued

The Arbitration Act 1996 defines “serious irregularity” justifying the setting aside of an award as including reaching a decision contrary to the agreement of the parties. China Property Development (Holdings) Ltd v Mandecly Ltd CACV 92 & 93/2015 is an illustration of an award for a claim that had never been made. The case is discussed by Edward Yang Liu, Associate, Reed Smith Richards Butler, Hong Kong.

The facts