Read the full judgment text of HCCT 3/2019 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 16 September 2019 before Hon Mimmie Chan J in Chambers.
Arbitration — Construction contract dispute — Extensions of time and loss/expense claims — Whether Plaintiff denied reasonable opportunity to present case — Whether Arbitrator failed to deal with all issues — Whether Arbitrator exceeded powers — Plaintiff challenged Award under Arbitration Ordinance on grounds of serious irregularity and excess of powers relating to time-bar and non-pleaded Agreement on Entitlement — Pleadings revealed Defendant’s claim on agreed daily rate and waiver of Clause 24 time bar — Arbitrator found Agreement on Entitlement applied to extensions beyond Architect’s certified period and allowed claims on that basis — Court held issue was fairly raised and Plaintiff had reasonable opportunity to present on it — Failure to explicitly address time bar was not failure to deal with issue as findings on Agreement rendered time bar defence irrelevant — No serious irregularity found — Application dismissed with costs awarded to Defendant on indemnity basis.
Legal issues: Whether the Plaintiff was given a reasonable opportunity to present its case on the Agreement on Entitlement · Whether the Arbitrator failed to deal with all issues relating to the Plaintiff's time-bar defence under Clause 24 · Whether the Arbitrator had power or exceeded powers in deciding claims based on the Agreement on Entitlement and Ex-contract Agreement
Outcome: The Plaintiff’s application to set aside or remit the arbitral Award was dismissed.
Cited by 3 cases · Cites 1 case