Read the full judgment text of HCCT000108/2000 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 5 December 2000 before Hon Burrell J in Chambers.
Construction and Arbitration — Arbitration clause requiring co-joint appointment by two bodies — Dissolution of one appointing body (RICSHK) — Whether appointment valid where former appointing body ceased to exist — Application of Arbitration Ordinance s.12 — Leave to appeal arbitrators’ award — PT Dover test for leave to appeal — Whether a reasonable dispute existed regarding unpaid interim certificates — It was held that the co-joint appointment clause became technically inoperable due to dissolution of RICSHK and appointment via HKIAC under s.12 Cap.341 was valid. The court applied the PT Dover test for leave to appeal and refused leave, finding no plain error in arbitrators' reasoning. The court also confirmed existence of a valid dispute for arbitration despite admitted non-payment of interim certificates because liability was contested. The summons challenging arbitrators' jurisdiction was dismissed with costs. The case clarifies application of clause interpretation when a contractual appointing body no longer exists and affirms the high threshold for leave to appeal arbitration awards.
Legal issues: Validity of arbitrators' appointment under clause 35 · Test for leave to appeal arbitration award · Existence of a dispute for arbitration
Outcome: The plaintiff's summons challenging arbitrators' jurisdiction was dismissed with costs