Reed Smith Client Alerts

On 15 March 2023, the Court of First Instance in CMB v. Fund & others [2023] HKCFI 760 set aside the impugned parts of an arbitral award (Award) on the ground that there was no dispute between the parties to the arbitration agreement that could confer jurisdiction on the arbitrator.


Arbitration requires party consent. Parties usually do so by entering into an agreement to refer to arbitration any dispute arising “out of or in relation to” their wider contract(s). This in turn means that the right to arbitrate does not arise unless and until there is a qualifying dispute between the parties in question.