Read the full judgment text of HCCT 57/2017 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 30 July 2018 before Hon Chow J in Chambers.
Arbitration Jurisdiction — Subrogation and Assignment — Authority to Commence Arbitration — Proper Law of Contract — Interplay of PRC and English Law — Interpretation of Subrogation Form — Procedural Requirement for Joinder of Assignor in English Law — Arbitration commenced by insurer and assured as co-claimants — Dispute over authority and joinder. T was insured cargo owner and A the subrogated insurer who paid settlement and obtained a Subrogation Form intending to pursue recovery against V. The court held that under English/Hong Kong law, subrogation alone does not authorize insurer to commence arbitration using assured's name without assignment; here, the Subrogation Form governed by PRC law effects an assignment of all rights from T to A. The clause permitting proceedings in T's name applies only if legally required, as agreed in pre-contractual negotiation. Under English law procedural rules, joinder of T as party is required to bind T by judgment, rendering the arbitration commenced with T's authority. The court dismissed T's summons challenging jurisdiction and ordered costs against T.
Legal issues: Authority of subrogated insurer to commence arbitration using assured's name · Proper law of the Subrogation Form · Effect of the Subrogation Form: assignment of rights or mere subrogation · Meaning of 'if required' clause in the Subrogation Form · Requirement to join T as a party in arbitration under English/Hong Kong law
Outcome: Dismissal of Originating Summons; T is bound by arbitration and tribunal has jurisdiction over T.