Read the full judgment text of HCCT 30/2018 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 9 October 2018 before Hon Mimmie Chan J.
Arbitration — Arbitration Ordinance Cap 609 — Serious irregularity — Procedural fairness — Notice requirements under GCC 27 and 28 — Whether arbitral tribunal exceeded powers and failed to conduct arbitration according to agreed procedure — Whether award should be set aside or remitted — Parties engaged in construction contract disputes involving loss and expense claims — Tribunal allowed disputed sums despite claimant denying reliance on notice documents in pleadings and submissions — Tribunal found September Letter and November Breakdown constituted notice of claim without giving respondent opportunity to make submissions on their adequacy — Court held this deprived respondent of fair opportunity to present case, constituting serious irregularity — Court rejected claimant’s submission that tribunal could decide issue on basis not advanced by parties absent fair notice — Court remitted award for reconsideration rather than setting aside given absence of arbitrator bias or misconduct — Costs awarded to respondent. This case underscores the importance of procedural fairness and following agreed arbitration procedures, especially regarding the pleading and reliance on documents in claims notification under contract arbitration clauses.
Legal issues: Serious irregularity in arbitral proceedings · Remission or setting aside of the arbitration award
Outcome: Parts of the Award relating to paragraphs 169, 170, 172, 174 and 175 declared of no effect pending further order of the tribunal; costs of the application awarded against M in favour of P
Cited by 2 cases