Read the full judgment text of HCCT000080/1998 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 21 December 1998 before The Hon Mr Justice Findlay, in Chambers.
Arbitration — Removal of arbitrator for delay — Application under section 15(3) Arbitration Ordinance — Whether an arbitrator who published an award after the commencement of removal proceedings can avoid removal — Court holds removal power relates back to time of application, not order making — Arbitrator delayed award significantly despite undertakings — No adequate excuse or mitigation found — Arbitrator attempted to circumvent removal by publishing award after summons — Court removes arbitrator effective at date of summons — Costs ordered against arbitrator — Appeal dismissed by Court of Appeal (CACV33/1999). The court emphasized that legislative purpose of section 15(3) is to ensure timely completion of arbitration, and allowing an arbitrator to evade removal after delay would subvert this. Removal ordered with costs to plaintiff.
Legal issues: Removal power under section 15(3) of Arbitration Ordinance · Exercise of discretion to remove arbitrator
Outcome: The arbitrator was removed with effect from 8 August 1998; defendant’s appeal dismissed.