Read the full judgment text of HCCT 25/2004 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 15 May 2004 before Hon Reyes J.
Construction law — Arbitration — Adequacy of particulars in amended statement of claim — Whether Arbitrator was obviously wrong in barring the claimant from adducing cases based on insufficient particulars — Pleadings should be sufficient to inform respondent of case, but not require evidentiary particulars — Arbitration Ordinance (Cap. 341) s. 23 leave to appeal granted on legal questions — Application to remove arbitrator for misconduct refused. Kenworth Engineering Limited entered into a nominated sub-contract with Nishimatsu Construction for building works at Chek Lap Kok Airport. Disputes arose over termination and delay-related claims. The Arbitrator issued several interim awards ordering particulars be supplied and eventually barred parts of Kenworth’s claim for alleged failure to provide such particulars. The High Court held legal adequacy of particulars is a question of law, and found the Arbitrator was obviously wrong in several respects in concluding particulars were insufficient, especially regarding alleged delays and prolongation costs, the Interim Payment Certificate, special measures causing delay, and valuations of variations. The Court granted leave to appeal these matters. The Court declined to remit the award for reconsideration or reasons. The application to remove the Arbitrator for misconduct was refused as errors did not amount to bias or incompetence. Consequential orders and case management directions were reserved for further hearing.
Legal issues: Adequacy of particulars in AMSOC §26A and Schedule 4 §20 · Particulars of completion under AMSOC §28 · Particulars and scope of AMSOC §43 · Particulars of valuations in AMSOC §61(i) · Power to remove Arbitrator for alleged misconduct
Outcome: Leave to appeal granted in respect of the Arbitrator's order preventing Kenworth from adducing a case in relation to AMSOC §§26A, 28, 43 and Amended Schedule 4 §20. Application to remove Arbitrator for misconduct refused.
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