Read the full judgment text of HCCT 69/2018 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 22 February 2019 before Hon Mimmie Chan J.
Arbitration — Construction contract dispute — Application to challenge arbitral award and for leave to appeal on questions of law under Arbitration Ordinance Cap 609 Schedule 2 — Whether Schedule 2 applies to subcontract under complex chain of contracts involving government main contract — Schedule 2 applies only if all statutory conditions met, including written domestic arbitration agreement at each subcontracting level — Verbal contract without arbitration clause breaks applicability chain — Whether leave to appeal granted — Applicant failed to identify question(s) of law, no obvious error shown, no question of general importance — Whether arbitrator erred in assessing partial quantum damages — No obvious error found. The Court dismissed the application for all relief with costs on indemnity basis.
Legal issues: Application of Schedule 2 of Arbitration Ordinance to BP Contract · Granting leave to appeal on questions of law arising from the Award · Obvious error in arbitrator’s assessment of partial quantum and damages
Outcome: BP’s application dismiss with costs on indemnity basis.
Cited by 1 case