Read the full judgment text of HCCT73/2000 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 5 December 2000 before Hon Burrell J in Chambers.
Arbitration — Appointment of Arbitrators — Validity of appointment mechanism under clause 35 referring to co-joint appointment by HKIA and RICSHK, where RICSHK had ceased to exist and functions assumed by HKIS — Whether HKIS can be substituted for RICSHK — Interpretation of arbitration clause and applicability of section 12 of Arbitration Ordinance — Whether dispute existed for arbitration despite admitted non-payment — Leave to appeal test (In re PT Dover) applied — Held the co-joint appointment clause was inoperable due to dissolution of one appointing body; resort to Arbitration Ordinance validly replaced appointment mechanism — Arbitrators’ interim awards on jurisdiction upheld — Dispute existed within arbitration scope though payments were admitted unpaid as liability disputed — Plaintiff’s application for leave to appeal dismissed with costs.
Legal issues: Validity of Arbitrators’ Appointment under Clause 35 · Whether ‘Dispute’ Existed for Arbitration Purposes
Outcome: Leave to appeal refused; plaintiff's summons dismissed with costs.