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 in Chambers.
Construction and Arbitration — Arbitration Ordinance (Cap 609) sections 81, 84 and 86 — Enforcement of arbitral award and addendum — Application to set aside addendum dismissed — Leave to appeal refused — Tribunal's power to make additional award under Article 33 of Model Law upheld despite labeling as correction — Court's role to interpret Award's objective meaning without recharacterizing it or imposing own view — Addendum addressed 'mistaken omissions' acknowledged by Tribunal — Issue estoppel inapplicable due to different parties and issues in Mainland proceedings involving OE Parent — Jurisdiction confirmed over disputes under Agreement despite existence of Subsequent Contracts involving other parties — No basis for resisting enforcement on grounds not raised in setting aside application — Costs awarded against appellant on indemnity basis. The Court refused SC's application for leave to appeal against enforcement decision, confirming the Tribunal's jurisdiction, the validity of the additional award, and the separation of arbitration from Mainland patent ownership disputes.
Legal issues: Nature and power of Tribunal's correction and additional award under Article 33 of the Model Law · Whether the Court imposed its own view on whether claims were omitted in the Award · Issue estoppel and identity of parties and issues between Arbitration and Mainland proceedings · Jurisdiction of the Tribunal and effect of Subsequent Contracts · Grounds to resist enforcement of the Award not raised in setting-aside application
Outcome: Application for leave to appeal dismissed; SC to pay costs on indemnity basis to OE1 and OE2.
Cites 2 cases