Read the full judgment text of HCCT 9/2023 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 14 February 2025 before Deputy High Court Judge Jonathan Wong.
Arbitration — Setting Aside Arbitral Award — Leave to Appeal Refused — Plaintiff PAN OCEAN CONTAINER SUPPLIERS CO., LTD. failed to participate in arbitration administering claims including liquidated damages and non-delivery. The court dismissed Plaintiff’s applications to set aside the Award and to amend pleadings, then refused Plaintiff’s application for leave to appeal these dismissals under section 81(4) of the Arbitration Ordinance (Cap 609). Key issues included whether correspondence was protected by without prejudice privilege, procedural fairness in allowing Defendant to correct evidence from the Bar Table, whether Defendant abused the expedited procedure by failing to notify HKIAC of changed circumstances, procedural management by the Tribunal inviting further submissions on damages, and proper notice under Article 3.1 of the HKIAC Rules. The court emphasized the high threshold for setting aside arbitral awards, the strong policy to uphold arbitration, and limited appellate scope over discretionary procedural rulings. No grounds for appeal met the threshold of reasonable prospects of success or public importance. Costs ordered against Plaintiff on indemnity basis.
Legal issues: Exhibiting “Without Prejudice” Communication as Evidence · Allowing Defendant to give evidence from the Bar Table and impact of defective evidence · Failure to Notify HKIAC that Expedited Procedure no longer appropriate · Tribunal’s invitation for further submissions on damages · Amendment Application dismissal · No Notice of Arbitration
Outcome: Leave to appeal dismissed; amendment summons dismissed; costs ordered against Plaintiff on indemnity basis.
Cited by 2 cases · Cites 6 cases