Read the full judgment text of HCCT 39/2018 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 30 October 2018 before Hon Mimmie Chan J.
Arbitration Ordinance Cap 341 - Application for remission and setting aside of arbitral award - Allegations of misconduct by arbitrator for failing to address conflict of interest and professional misconduct of legal representatives - Whether arbitrator’s refusal to postpone hearing pending investigation amounted to misconduct - Court’s approach to setting aside awards under sections 23, 24 and 25 of Ordinance - Distinction between errors of law or fact and misconduct - Requirement of serious, egregious conduct to deny due process - Plaintiff alleged WL, former lawyers of Plaintiff’s parent, collaborated with Defendant’s lawyers TC in arbitration, leading to conflict risk and misuse of confidential information - Plaintiff’s applications to stay or postpone arbitration refused by arbitrator - Plaintiff failed to pursue further relief or disclose issues during proceedings - Court held Plaintiff waived irregularity and lacked evidence of serious prejudice or denial of due process - Application dismissed with costs against Plaintiff on indemnity basis under established case law. This decision confirms the high threshold for establishing arbitrator misconduct and the Court’s reluctance to interfere with arbitral awards except on limited grounds of serious procedural injustice.
Legal issues: Misconduct of arbitrator in arbitration proceedings
Outcome: Plaintiff’s application dismissed; costs awarded to Defendant on indemnity basis
Cited by 1 case · Cites 2 cases