Read the full judgment text of HCCT 53/2021 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 26 April 2022 before Hon Mimmie Chan J.
Arbitration — Setting aside arbitral award — Proper notice of arbitrator’s appointment — Composition of arbitral tribunal — Arbitration Ordinance (Cap 609) section 81 and HKIAC Rules — Arbitration agreement contained in Shareholders Agreement and Repayment Agreement — Plaintiff claimed no approval of arbitrator appointment due to fees dispute and refusal to pay deposit — Court held Plaintiff received proper notice by correspondence and participation via email — Appointment by HKIAC under the Rules and Ordinance valid without needing Plaintiff’s consent — Hearing proceeded in Plaintiff’s absence after non-payment and failure to defend — No prejudice shown — Plaintiff failed to prove grounds to set aside under Article 34 (2)(a)(ii) and (iv) of UNCITRAL Model Law — Application dismissed with costs on indemnity basis.
Legal issues: Whether proper notice had been given · Whether the composition of the tribunal or the arbitral procedure was in accordance with the parties’ agreement
Outcome: The application to set aside the arbitral award was dismissed.