Read the full judgment text of HCCT000037/1998 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 10 August 1998 before The Hon Mr Justice Findlay, in Chambers.
Arbitration — Jurisdiction and powers of arbitrator under Arbitration Ordinance (Cap. 341) and Hong Kong International Arbitration Centre Domestic Arbitration Rules — Whether arbitrator had power to grant ex parte interim injunction — Whether leave to enforce such an award could be granted — Removal of arbitrator for procedural unfairness and loss of confidence. Parties governed by deed of mutual covenant agreed disputes to be arbitrated. Arbitrator granted an ex parte injunction restraining claimant's building works without giving notice or reasons, and did not inform claimant of the award. Arbitrator assumed jurisdiction over separate dispute without appointment and made alleged 'unless' order without hearing claimant. Court held arbitrator had no power to grant ex parte injunction under statute or rules; such award was void and leave to enforce must be set aside. Court further found claimant's loss of confidence in arbitrator justifiable due to failure to accord natural justice and procedural fairness including improper assumption of jurisdiction and failure to give notice. Accordingly, arbitrator removed under section 27 of the Ordinance. Costs ordered in claimant's favor. Court advised parties on appointment of new arbitrator with recommendation from HKIAC if no agreement. Judgment published by agreement.
Legal issues: Jurisdiction of arbitrator to grant ex parte injunction · Removal of arbitrator for loss of confidence
Outcome: The ex parte injunction award by the arbitrator was set aside; the arbitrator was removed from this arbitration; an order nisi for costs in favour of the claimant was made.