Read the full judgment text of HCCT64/2000 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 7 November 2000 before Waung J in Chambers.
Arbitration — Leave to appeal — Arbitration Ordinance Cap.341 s.23 — Building contract — Extension of time claim refused by arbitrator — Strong presumption of finality in arbitration awards — One-off event — Arbitrator's finding not plainly wrong — Leave to appeal refused. The claimant, China International Water & Electric Corporation, contracted with the Hong Kong SAR government, involving specialist sub-contractors whose unsatisfactory performance led to termination and delay. The claimant sought extension of time to mitigate liquidated damages of about $5 million, refused by the architect and subsequently by arbitrator Philip Nunn in two awards. The court applied the established principle under In re Dover that for one-off events leave to appeal is strictly limited unless the arbitrator is plainly wrong. The arbitrator’s refusal based on the economic crisis not constituting special circumstances and on impossibility of performance was supported by the evidence and submissions. Leave to appeal was refused and costs were awarded to the respondent DEPARTMENT OF JUSTICE.
Legal issues: Leave to appeal from arbitrator's award
Outcome: Leave to appeal refused; application dismissed with costs to the respondent