Read the full judgment text of HCCT 62/2018 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 19 January 2021 before Hon Mimmie Chan J.
Arbitration — Jurisdiction — Enforcement Order set aside — Leave to appeal — Whether tribunal exceeded jurisdiction by deciding validity of Pledge — Whether appellant has reasonable prospects of success — Procedural fairness in arbitration — Evidence of Taiwanese court judgment refused — Court held tribunal exceeded jurisdiction as validity of Pledge governed by Singapore law, not Taiwanese law — Bank found unable to fairly present its case, rendering award unenforceable under section 86(1)(c)(ii) — Appeal on jurisdiction grounds has arguable merit but no prospect on procedural fairness ground — Partial appeal refused to uphold object of Arbitration Ordinance to provide speedy dispute resolution — Leave to appeal refused; costs ordered against appellant.
Legal issues: Whether leave to appeal should be granted
Outcome: Leave to appeal refused
Cited by 1 case · Cites 3 cases