Read the full judgment text of HCCT000069/1998 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 17 September 1998 before The Hon Mr Justice Findlay.
Construction contract dispute involving panel of experts whose decisions are final and binding except if revised by agreement or arbitral award. The plaintiffs sought to enforce panel decisions pending arbitration. The defendant sought a stay under section 6 of the Arbitration Ordinance or inherent jurisdiction on basis that the action concerned matters subject to arbitration. The court examined whether the plaintiffs' action was in respect of enforceable panel decisions or the underlying disputes subject to arbitration. The court concluded enforcement of panel decisions is permissible pending arbitration as those decisions are distinct from the disputes themselves. The court directed that both summonses be heard together with specified evidence deadlines and reserved costs. No final decision on merits was made at this stage.
Legal issues: Whether the action is brought in a matter subject to an arbitration agreement
Outcome: Both summonses directed to be heard together; costs reserved