Read the full judgment text of HCCT 104/2022 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 12 October 2023 before Hon Mimmie Chan J in Chambers.
Arbitration — Setting aside arbitral award — Failure to deal with issues — Whether Form AK is a necessary shipping document under CIF contract — Whether parties agreed by conduct HC had duty to provide Form AK — Contract construction and implied terms — Arbitrator’s findings and application of relevant authorities. EW sought to set aside the Award on basis the tribunal failed to deal with whether Form AK was a necessary document and whether duty to provide it arose from conduct. The tribunal found no express or implied contractual term or collateral contract obliging HC to provide Form AK. The Court held the tribunal clearly dealt with the issues and made findings accordingly. The Court refused to review merits or correctness of tribunal's findings, confirming that failure to deal ground was not made out. Application to amend to add public policy ground was considered but not necessary to be decided as original grounds without merit. Application dismissed with costs on indemnity basis. No error in arbitrator’s approach and findings on contract issues related to Form AK and import responsibilities.
Legal issues: Failure to deal with arbitration issues on Form AK
Outcome: EW’s application to set aside the Award dismissed.
Cites 3 cases