Read the full judgment text of HCCT 104/2023 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 22 February 2024 before Hon Mimmie Chan J in Chambers.
Construction and arbitration — application to set aside arbitral award — procedural requirements under Order 73 rule 5(4) RHC — requirement to file affidavit supporting originating summons simultaneously — abuse of process for failure to comply — adherence to Model Law and Arbitration Ordinance principles — grounds to set aside under section 81 Arbitration Ordinance reviewed and rejected — plaintiff issued originating summons without affidavit, filed affidavit only after substantial delay without justification — summons dismissed and costs awarded on indemnity basis. The court emphasized the necessity of procedural compliance to maintain finality of arbitral awards and prevent abuse of process in arbitration-related judicial review proceedings.
Legal issues: Requirement for affidavit to accompany originating summons under Order 73 rule 5(4) · Validity of grounds to set aside arbitral award under section 81 Arbitration Ordinance
Outcome: Dismissal of Plaintiff’s Originating Summons to set aside the Award dated 1 December 2023
Cited by 1 case · Cites 1 case