Read the full judgment text of HCCT000040/1997 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 31 July 1997 before The Hon Mr Justice Findlay.
Arbitration — Alleged misconduct of arbitrator — Jurisdiction to decide interest on sum higher than applicant's stated claim — Interpretation of arbitrator's provisional award letter — Refusal to accept architect's report in quick, document-based arbitration — Closing of submissions — No misconduct found. The applicant challenged the arbitrator's jurisdiction over interest on $797,500, arguing it was limited to $200,000, but pleadings supported arbitrator's jurisdiction. The provisional view letter was not improperly biased. The refusal to accept an architect's report was a proper exercise of discretion to keep the arbitration swift and economical. The arbitrator's decision to close submissions to prevent procedural abuse was justified. The application to remove the arbitrator was dismissed with costs awarded to the respondent. Additional costs to be assessed by the Taxing Master.
Legal issues: Arbitrator's jurisdiction over interest claim · Interpretation of arbitrator's provisional view letter · Refusal to receive architect's report · Closing of submissions
Outcome: Application dismissed with costs to the respondent.