Read the full judgment text of HCCT 48/2016 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 10 July 2020 before Deputy High Court Judge Raymond Leung SC in Chambers.
Arbitration — Enforcement of arbitral award — Application to set aside enforcement order dismissed — Leave to appeal refused — Key issues concerned whether the condition precedent under the Mandatory Negotiation Tier (MNT) was waived or validly varied, and whether procedural irregularity arose from the exclusion of evidence — Court held Respondents waived MNT condition evidenced by contemporaneous documents including backdated Request and Refusal Letters and relevant emails; variation of MNT with Applicant recognized as valid under multilateral contract framework; no serious irregularity found in excluding undisclosed evidence — Respondents failed to demonstrate reasonable prospects of success or other grounds to grant leave — Application for leave to appeal and for stay of execution dismissed without order as to costs.
Legal issues: Waiver of the Mandatory Negotiation Tier under Clause 13.1.1 of the C2 Agreement · Variation of the MNT Requirement under Clause 13.1.1 of the C2 Agreement · Serious Irregularity due to Exclusion of 'Twin Emails'
Outcome: The application for leave to appeal is dismissed; the application for stay of execution is also dismissed.
Cited by 1 case · Cites 1 case