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when they are invited to assist the arbitral process in arbitrator appointment or to grant injunctive relief [20] . Notably, it is absolutely rare that the arbitral process and award will be put under the direct judicial supervision of the court. [21] In HK, concerning awards enforcement, domestic awards can be enforced either by action on the award or on the basis of statute. [22]

3.3 Legal and Procedural Review

The scope for appeal on completely factual grounds from an arbitral award in most of the Europe jurisdictions is either limited or non-existent. [23] The international trend tends to limit the scope of appeal since an arbitration location prohibits or restricts appeal is more appealing to the parties. [24] Yet, certain jurisdictions allow arbitral awards to lodge an appeal on questions of law. For instance, Hong Kong arbitration law does provide for appeal from an arbitral award on a question of law but the access to the process is firmly controlled. [25] Even so, by adding exclusion clause of right of appeal in an agreement may duly prevent the parties from appealing against the arbitral award irrespective the jurisdiction provides for appeals on points of law. Besides, parties and tribunal may reach agreement to refer a question of law for court’s determination. [26]

Generally speaking, national courts oblige to protect the impartiality of the tribunal and the various procedural rights possessed by the parties. For example, in Hong Kong, the court may remit an award, [27] or remove the arbitrator and setting aside of award when the arbitrator is failed to make award or conduct the proceeding properly [28] , or to give relief where arbitrator is not impartial or the dispute involves question of fraud [29] .

3.4 Comparison of Arbitration and Other Forms of Dispute Resolutions

Commercial arbitration is a private process for obtaining a binding, final and enforceable decision of a dispute between two or above parties. It shares certain similar attributes with other forms of private commercial dispute resolution, but the commercial courts used to distinguish the commercial arbitration from other dispute resolution services considered their different procedures and outcomes. In the UK, the Competition Appeal tribunal (CAT) may encourage the use of other forms of dispute resolution provided it considers it is appropriate. [30] Other forms of dispute resolution are expert determination, conciliation, Mediation, mini-trial and neutral evaluation which will be explained as below.

Expert determination or adjudication, it is generally used to resolve disputes on a narrow but highly technical issue, for example, to evaluate a company or an asset. It is a process used by a tribunal and its outcome is contractually binding on the parties. Compared with arbitration, the finding by an expert would bind on the parties while an arbitrator has a broader brief to resolve commercial disputes according to law and commercial practices. [31]

Conciliation is a process which involves certain measures of discussion regarding the settlement. It follows by a production by the conciliator who opines on the likely outcome of the case. [32]

Mediation is a process in which a mediator obliges to attempt to bring the parties to a mutually accepted settlement. However, no party is required to accept terms of settlement proposed in a mediation