Read the full judgment text of CACV 92 & 93/2015 on BabelCite. This 高等法院上訴法庭 judgment was delivered on 24 May 2016 before Hon Cheung JA, Hon Kwan JA, Hon Poon JA.
Arbitration — Setting aside arbitral award — Irregularity under Article 34(2)(a)(ii) and (iii) and public policy under Article 34(2)(b)(ii) of the Arbitration Ordinance (Cap. 341) — Whether party was denied due process by award deciding a dispute not submitted — Share purchase and sum of RMB 10 million deducted under 20% Agreement clauses — Dispute over entitlement and liability to pay that sum — Tribunal ordered CPDH liable despite respondents disclaiming claim against it on that issue — Tribunal exceeded jurisdiction and denied CPDH opportunity to present case — Tribunal's post-award letter justifying order was beyond jurisdiction and to be disregarded — Serious irregularity found — Court's discretion to set aside award properly exercised — Appeal dismissed — Orders setting aside parts of Award directing payment by CPDH and declaration of subrogation allowed — Costs awarded to CPDH with certificate for two counsel.
Legal issues: Setting aside arbitral award for irregularity
Outcome: Appeal dismissed; part of the arbitral Award set aside for irregularity
Cited by 2 cases