Read the full judgment text of HCCT 55/2015 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 19 January 2016 before Hon Mimmie Chan J.
Construction and Arbitration — Arbitration Award setting aside — Partial Final Award dated 17 November 2015 under HKIAC Rules and Arbitration Ordinance — Applicant W sought to set aside Award on grounds of procedural unfairness and jurisdiction — Respondent P applied to strike out application — Court dismissed application as devoid of merit without full hearing — Tribunal’s power to make partial final awards affirmed — Opportunity to present case upheld as W had opportunity for written and oral submissions and failed to show prejudice — Jurisdictional claim rejected, with reference to scope of arbitration agreement and previous authorities — Application struck out as abuse of process with indemnity costs awarded to respondent.
Legal issues: Validity of setting aside an arbitral award for lack of fair opportunity to present the case · Jurisdiction of the Tribunal regarding claims included in the Award
Outcome: W’s application to set aside the Partial Final Award dismissed; application struck out as frivolous and vexatious
Cites 1 case