Read the full judgment text of HCCT 48/2019, HCCT 66/2019 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 24 August 2020 before Hon Mimmie Chan J.
Arbitration law — Arbitration Ordinance Cap 609 — Article 33 Model Law corrections and additional awards — Tribunal's powers — Arbitrator's clerical errors versus errors of judgment — Enforceability of arbitral awards — Setting aside applications under s.81 — Enforcement under s.84 — Intellectual property contractual rights — Injunctive relief — Hong Kong High Court supervisory jurisdiction. OE1 and OE2 and SC entered into an OEM Supply Agreement with arbitration clause. OE alleged SC breached contractual obligations including related to patents and confidential information. Tribunal made Final Award in 2019 finding SC breached multiple sections. OE applied for correction and additional award for failure to grant perpetual licence and injunctions. Tribunal issued Addendum correcting clerical mistakes in Award. Issue whether Tribunal had jurisdiction and power under Article 33(1)(a) to correct Award; held no as errors were substantive not clerical. Tribunal's power under Article 33(3) to make additional award for claims presented but omitted upheld. SC’s setting aside application under s.81 dismissed as Tribunal acted within jurisdiction and in accordance with parties' agreement and Model Law. Enforcement of Award as amended granted. SC’s later raised additional grounds in opposition to enforcement dismissed as waived and bad faith. SC also failed on jurisdiction objections and public policy challenges. Mainland judgments found irrelevant to arbitration contractual claims. Accordingly, Award and Addendum upheld and enforced by the Court with indemnity costs to OE. The decision affirms the restrictive scope of correction under Article 33(1)(a), confirms the broader scope for additional awards under Article 33(3), and underscores the importance of procedural fairness and finality in arbitration enforcement proceedings.
Legal issues: Tribunal's power to correct award under Article 33(1)(a) · Tribunal's power to make an additional award under Article 33(3) · Setting aside application under section 81 of the Arbitration Ordinance · Enforcement and partial enforcement applications
Outcome: Setting Aside Application dismissed with costs on indemnity basis; Enforcement Application allowed with costs; Opposition to Partial Enforcement Application dismissed with costs on indemnity basis
Cites 2 cases