Read the full judgment text of HCCT 104/2022 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 6 December 2023 before Hon Mimmie Chan J in Chambers.
Arbitration — Leave to appeal — Construction of arbitral award — Contractual duty to provide Form AK — Whether the tribunal considered Form AK obligation as part of Import Customs Responsibilities or separate duty — Mootness of public policy ground. EW applied for leave to appeal dismissal of its application to set aside arbitral award ruling that HC had no duty to provide Form AK under the contract. The Court held the tribunal’s decision, viewed as a whole, addressed the duty of HC to provide Form AK as an express, implied or conduct-based contract term and rejected EW’s contention of distinct issues. EW failed to show the Court erred in interpreting the Award. The second ground relying on public policy was moot as it did not arise from the findings and was dismissed on the assumption in favour of EW. Application for leave to appeal was refused with costs on indemnity basis. EW was permitted to challenge HC's costs statement within 14 days.
Legal issues: Whether the Court erred in construction of the Award regarding Form AK · Mootness of second ground of intended appeal regarding public policy
Outcome: Application for leave to appeal dismissed with costs.
Cited by 3 cases