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 10 November 2020 before Hon Mimmie Chan J.
Arbitration — Addendum to arbitral award as correction or additional award — Court’s power to review nature of Addendum — Tribunal’s power under Article 33(3) of the Model Law to make additional awards — Interpretation of tribunal Award and Addendum — Issue estoppel — identity of parties and issues — Arbitration jurisdiction — impact of Subsequent Contracts — Enforcement of arbitration award. SC sought leave to appeal against the Court’s decision refusing to set aside an Addendum to an arbitral award and granting leave to enforce the Award as amended. The Court held that it was entitled to interpret the Addendum as an additional award under the Model Law notwithstanding the Tribunal's characterization as correction. The Court did not impose its own views but interpreted objectively the Award’s contents, finding the claims for injunctive relief were mistakenly omitted and validly included in the Addendum. Issue estoppel did not apply because the Mainland proceedings involved different parties and distinct issues from those in Arbitration. The Tribunal’s jurisdiction over the dispute was properly affirmed, as the Agreement containing the arbitration clause remained the proper governing document over any Subsequent Contracts. No new grounds resisting enforcement were valid. Leave to appeal was refused, and SC ordered to pay costs on indemnity basis.
Legal issues: Court’s power to re-characterise tribunal’s Addendum · Whether Court imposed its own interpretation regarding omitted injunctive relief · Issue estoppel and identity of parties and issues between Arbitration and Mainland proceedings · Jurisdiction of Tribunal over Arbitration dispute · Whether SC could raise new grounds resisting enforcement not previously argued
Outcome: Leave to appeal against the Decision dated 24 August 2020 was refused; SC ordered to pay costs on indemnity basis to OE1 and OE2.
Cited by 5 cases · Cites 1 case