Read the full judgment text of HCCT 148/2024 on BabelCite. This High Court CFI judgment was delivered on 13 August 2025 before Hon Mimmie Chan J in Chambers.
Arbitration — Challenge to arbitrator’s impartiality under Article 12 of the Model Law and section 25 of the Arbitration Ordinance (Cap 609) — Allegations of arbitrator sleeping during hearing and hostility towards one party — Challenge dismissed for failure to prove justifiable doubts as to impartiality — Court applies objective test of fair-minded and informed observer — Waiver of challenge to events occurring more than 15 days before Notice of Challenge — Principles of arbitration procedure and natural justice — Setting aside application to annul Partial Final Award rejected as parasitic on failed challenge — Robustness in tribunal remarks not equating to bias. The complex arbitration involves multiple partial awards and enforcement actions across jurisdictions, with CNG challenging the conduct and impartiality of the Presiding Arbitrator in connection with lengthy proceedings and compliance disputes. The Court highlights extensive case law governing waiver, appearance of bias, and the scope of judicial intervention in arbitration under the Model Law. The sleeping episodes were brief, occurred during less critical submissions, and no immediate objection was raised. The arbitrator’s professional reputation and conduct were factors negating appearance of bias. The Court confirms the importance of timely challenge statements and the risk of waiver. No causal link established between alleged partiality and the 4th Partial Final Award. Costs awarded against CNG.
Legal issues: Waiver of objection to alleged bias before 25 June 2024 · Whether the Presiding Arbitrator’s alleged sleeping on 25 June 2024 justified removal for lack of impartiality · Whether the Presiding Arbitrator’s conduct and remarks showed apparent bias or prejudgment against CNG · Whether the application to set aside the 4th Partial Final Award (PFA 4) should succeed based on alleged partiality of the Presiding Arbitrator
Outcome: Application to remove Presiding Arbitrator dismissed; Application to set aside 4th Partial Final Award dismissed
Cited by 3 cases · Cites 3 cases