Read the full judgment text of HCCT 63/2021 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 21 April 2023 before Hon Mimmie Chan J in Chambers.
Arbitration — Enforcement of arbitral award — Extension of time to apply to set aside enforcement order — Procedural unfairness — Lack of reasonable opportunity to present case — Structural integrity of arbitral process — Public policy — Leave to appeal refused. The applicant, CANUDILO INTERNATIONAL COMPANY LIMITED (卡奴迪路國際有限公司), sought leave to appeal the decision granting extension of time to the 1st and 3rd Respondents to set aside enforcement of Final Award dated 7 June 2021. The Court found that the 2nd Arbitrator misunderstood prior proceedings and improperly denied respondents reasonable opportunity to respond on binding effect of the 2020 Award, thus breaching procedural fairness required by section 46 of Arbitration Ordinance (Cap 609). This constituted an egregious breach causing substantial injustice and undermining recognition and enforcement of the Award. The Court dismissed the leave to appeal and application for further evidence, holding no reasonable prospect of success on appeal, and ordered costs on indemnity basis with Certificate for Counsel.
Legal issues: Error in reviewing correctness of Final Award · Grounds relied upon by Wu for setting aside Enforcement Order · Whether Arbitration was conducted in accordance with arbitration agreement and procedures · Public policy ground for enforcement · Substantial injustice and possibility of different Final Award · Extension of time granted to Respondents
Outcome: The application for leave to appeal and the application to adduce new evidence are dismissed with costs on indemnity basis and with Certificate for Counsel.
Cited by 1 case