Read the full judgment text of HCCT 34/2025 on BabelCite. This High Court CFI judgment was delivered on 19 September 2025 before Deputy High Court Judge Jonathan Wong.
Construction arbitration — charterparty repudiation — back-to-back charterparties — liability up the chain — legal standing to claim for third-party losses — arbitration award under HKMAG Terms — whether Owners can recover losses suffered by related disponent owner IS — Tribunal’s award for damages including IS’s losses and liabilities — principle from Occidental Chartering Inv v Progress Bulk Carriers Ltd (2012) applied — no requirement for separate arbitration award between Owners and IS to establish liability — indemnity order refused, damages awarded only — relying on authorities Trans Trust and Freight Connect distinguished due to factual context — question of law under Arbitration Ordinance Schedule 2 includes foreign law questions — English law as governing law does not bar appeal — leave to appeal refused as tribunal’s decision not obviously wrong or open to serious doubt — costs ordered in favor of Owners on indemnity basis. The court confirmed the tribunal’s jurisdiction over claims for losses arising from charterparty chains involving related companies and rejected the Charterers' arguments on standing, indemnity, and remoteness. The procedural issue of jurisdiction was resolved in favor of appealability under the Arbitration Ordinance even where foreign law governs the arbitration.
Legal issues: Legal standing of Owners to claim losses of IS · Whether indemnity order can be made in absence of claims by third party · Whether the question of law arises under Schedule 2 of the Arbitration Ordinance
Outcome: Leave to appeal refused; Originating Summons dismissed.
Cites 1 case