Read the full judgment text of HCCT 70/2020 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 3 May 2022 before Hon Anthony Chan J.
Construction and arbitration law — set aside of final arbitral award — contradictory findings between two arbitral awards by tribunals with common member — duty of confidentiality of arbitrator — leave to appeal — court's supervisory role — limited to structural integrity of arbitration — not to substitute tribunal's findings — application of established principles, no novel points of law. The dispute involves claims under a Share Redemption Agreement with two awards containing contradictory factual findings, challenged by the Applicant. The court refused to re-examine evidence or substitute its view for that of the tribunal absent explanations from Tribunal 2. The duty of confidentiality was held not absolute given the arbitrator’s knowledge and parties’ awareness of Award 1. The applicant’s grounds were applications of existing law; no novel issues arose. Leave to appeal was refused and costs awarded to the Respondent on an indemnity basis with a certificate for two counsel.
Legal issues: Role of court in examining contradictory arbitral award findings · Duty of confidentiality of arbitrator regarding previous award · Whether there are novel points of law justifying leave to appeal
Outcome: Leave to appeal declined; costs awarded to Respondent
Cited by 3 cases