Read the full judgment text of HCCT 33/2004 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 25 May 2004 before Hon Reyes J.
Construction and arbitration proceedings — Application to remove Arbitrator or set aside/vary/remit 8th Interim Award — Applicant Kenworth Engineering Ltd alleged Arbitrator misconduct and procedural unfairness related to refusal of oral hearings, disputes over document inspection premises, and adequacy of discovery in pagination and bundling — Arbitrator refused oral hearing citing delay and cost against procedural nature of matter — Extensive written submissions and photographic evidence addressed disputed facts — Arbitrator considered and rejected additional arguments not raised by Applicant — Court held the Arbitrator's decisions were practical, reasonable, and did not demonstrate unfairness or misconduct — No basis for removal or disturbing the 8th Award — Application dismissed.
Legal issues: Arbitrator’s refusal of oral hearing · Need for oral hearing on disputed factual allegations · Consideration of additional arguments not advanced by Kenworth · Arbitrator's findings on pagination and bundling of documents · Removal of Arbitrator for misconduct
Outcome: Notice of Motion dismissed; no removal, setting aside, or variation of the 8th Award
Cited by 1 case