Read the full judgment text of HCCT 4/2018 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 3 June 2019 before Hon Mimmie Chan J.
Arbitration law — Appeal against arbitral award — Leave to appeal conditions — Timeliness of appeal — Section 5(5), (8), (9) of Arbitration Ordinance (Cap 609) Schedule — Applicability of High Court Ordinance s.14AA — Final vs interlocutory orders — Reasonable prospects of success threshold. The Defendant sought leave to appeal a Court of First Instance decision allowing the Plaintiffs’ appeal against a Second Interim Award of the Arbitrator, culminating in an order remitting the Award. The Court held that the application for leave was not out of time as it related to the remission order made after the initial appeal decision. It further held that section 14AA of the High Court Ordinance, which governs interlocutory appeals requiring reasonable prospects of success, does not apply to final orders such as remission. Instead, the leave requirements under section 5(9) apply, requiring questions of general importance or special reasons to be heard. However, the court accepted adopting a reasonable prospects of success standard as a practical filtering tool for leave under section 5(9). Leave was granted on the basis that the legal question about notice compliance under contract clauses was of general importance and that the Defendant demonstrated arguable grounds. Costs were reserved to the appeal. This decision clarifies procedural requirements and legal standards for appeals against arbitral awards in Hong Kong's arbitration regime.
Legal issues: Whether the intended appeal is out of time · Applicability of section 14AA of the High Court Ordinance to leave to appeal
Outcome: Leave to appeal granted to Defendant against the Order of remission of the Award; costs reserved to the cause of the appeal
Cited by 3 cases · Cites 3 cases