Read the full judgment text of HCMP 1342/2017 on BabelCite. This 高等法院上訴法庭 judgment was delivered on 4 September 2017 before Hon Lam VP, M Chan J.
Arbitration law — Appeal on question of law under Schedule 2 of Arbitration Ordinance Cap 609 — Leave to appeal granted by Deputy High Court Judge as criteria under s6(4) met — Court of Appeal considers further leave to appeal decision under section 14AA Cap 4 — Defendant’s application for leave to appeal the judge’s decision refused for lack of reasonable prospect of success — Court reiterates presumption of finality for arbitration and limited court intervention — Section 14AA applies alongside Schedule 2 leaving no exclusion — Leave to appeal operates as a filter to prevent unmeritorious appeals — Costs awarded on indemnity basis adjusted as gross sum for reasonableness. The Court of Appeal dismisses defendant's application for leave to appeal, confirming the strict statutory framework for appeals from arbitration awards and the importance of upholding the arbitration finality regime while allowing appeals on questions of law in limited circumstances under Schedule 2. Costs of the plaintiffs fixed on a reduced basis in view of disproportionality of solicitor fees claimed.
Legal issues: Application for leave to appeal against arbitral award on question of law
Outcome: Defendant's application for leave to appeal the judge’s decision to grant leave to appeal was dismissed by the Court of Appeal with costs.
Cited by 15 cases · Cites 1 case