SHENZHEN CITY TONG YING FOREIGN TRADE CORPORATION LIMITED (formerly known as SHENZHEN TONG YING FOREIGN TRADE CORPORATION) (Plaintiff) v ALPS COMPANY LIMITED (Defendant)

Read the full judgment text of HCCT 82/2000 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 12 September 2001 before Hon Chung J in Chambers.

Arbitration Ordinance (Cap 341) enforcement proceedings — validity of arbitration agreement under s.40E(2)(b) — proper interpretation requires existence of binding arbitration agreement — judicial deference to arbitral panel's fact-based conclusions on agreement validity unless perverse or legally erroneous — extension of time for arbitral award under CIETAC Arbitration Rules Article 52 — Secretary-General’s extension upheld as justified and not ultra vires or unreasonable — failure to pay arbitration fees in advance not proven as condition precedent with waiver implied by proceeding with arbitration. The Plaintiff obtained a Mainland arbitration award dated 30 April 1997 in respect of goods quality dispute under an agreement with the defendant. The defendant's challenges to enforcement based on invalid arbitration agreement, untimely award, and unpaid fees were rejected. The High Court dismissed the defendant's application to set aside enforcement order and Judgment made in August 2000, affirming the validity and enforceability of the award in Hong Kong.

Legal issues: Validity of Arbitration Agreement under s.40E(2)(b) · Validity of Award Time Extension under CIETAC Rules Article 52 · Relevance of Payment of Arbitration Fees

Outcome: The defendant's application to set aside the order granting leave to enforce the award and the Judgment was dismissed.

Cited by 1 case