Read the full judgment text of HCCT 11/2021 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 9 August 2021 before Hon Mimmie Chan J in Chambers.
Arbitration — Setting aside of arbitral awards under section 81 Arbitration Ordinance (Cap 609) — Whether tribunal failed to deal with all issues put before it, especially clauses 9.9 and 9.14 of the Shareholders Agreement (SHA) — Whether Plaintiff was deprived of reasonable opportunity to present its case on vessel availability and on the meaning of 'available' in clause 11 — Tribunal's consideration of express and implied terms— Importance of reading award as a whole and commercially — Tribunal expressly rejected alleged terms claimed by Plaintiff in paragraph 65 of First Partial Final Award — Plaintiff had notice of issues on GS Vessels availability through pleadings and evidence—No procedural unfairness found — Interpretation of 'available' not a wholly novel construction and within the pleaded issues — Court declined to set aside award, emphasizing procedural fairness, commercial practicality and arbitral finality. Plaintiff's application dismissed with costs on indemnity basis.
Legal issues: Tribunal’s handling of clauses 9.9 and 9.14 · Whether Plaintiff was unable to present its case on the availability of GS Vessels · Whether Plaintiff was unable to present its case on the meaning of 'available' in clause 11
Outcome: Plaintiff's application to set aside the arbitral awards dismissed.
Cited by 2 cases · Cites 2 cases