Read the full judgment text of HCCT 19/2001 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 11 October 2001 before Deputy High Court Judge Woolley in Chambers.
Arbitration — Enforcement of foreign arbitration award — Challenge under Order 73, rule 10(6) to set aside enforcement order — Contract for construction of vessels with delayed delivery — Subsequent agreements regarding payments and interest — Arbitration conducted on papers without hearing — Defendants claim lack of authority by Mr Cheung, no notice, and jurisdictional challenge — Court finds Mr Cheung was authorised, signatures and payments acknowledged, notice properly given, jurisdiction validly conferred on Chongqing Arbitration Commission. Defendants ratified contract by accepting delivery and payments. Allegations of forgery, procedural irregularity, and conflict of interest dismissed for lack of evidence. Application found vexatious and abuse of process. Application dismissed with indemnity costs awarded to plaintiff.
Legal issues: Authority of Mr Cheung to bind defendants · Defendants' indebtedness to plaintiff · Notice of arbitration proceedings · Jurisdiction of Chongqing Arbitration Commission · Defendants’ right to repudiate contract due to delay · Alleged procedural irregularity in First Intermediate Court of Chongqing City · Alleged conflict of interest in Chongqing Arbitration Commission
Outcome: Application to set aside order refusing enforcement of arbitration award dismissed