Time extended, discretion expanded

Abstract

In the latest saga of the Astro v First Media litigation, the Hong Kong Court of Final Appeal (HKCFA) allowed First Media’s out-of-time challenge against enforcement of New York Convention arbitral awards rendered in favour of the Astro Group. This note critically analyses the Court of Final Appeal’s decision. It argues that there was no compelling reason to reject the structured approach as adopted by the lower courts. This is because, on a correct reading of the said approach, it could accommodate the very concerns that troubled the HKCFA. Meanwhile, the ‘overall justice’ test as adopted by the HKCFA lacks guidance power and its application to the facts was questionable. To this end, it is argued that, as and when similar issues arise in other jurisdictions, a careful judgment would have to be made as to whether the Hong Kong approach should be followed.