Read the full judgment text of HCCT 40/2004 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 9 June 2004 before Hon Reyes J.
Arbitration — Subpoena — Witness attendance — Ex parte order — Allegation of Arbitrator bias — Application for interim relief — The Respondent applied ex parte under Arbitration Ordinance (Cap. 341) s. 2GC(3) for a subpoena to compel Mr Chan Kwok Yim, a former solicitor convicted of fraud and recently released from prison, to attend an arbitration hearing scheduled to start 15 June 2004. The court granted the subpoena. The Claimants sought interim relief ex parte on notice to set aside the order, remove the Arbitrator for alleged bias based on his provisional correspondence with the Respondent’s solicitors, and halt the arbitration. The court held that the subpoena merely compelled attendance without determining admissibility of evidence. The Arbitrator’s provisional responses did not amount to bias or misconduct as they were expressly provisional and given due to urgency. The court found no serious or arguable case warranting relief or removal of the Arbitrator. Furthermore, the ex parte nature of the Respondent’s application was unnecessary as there was time for inter partes hearing before the arbitration. Accordingly, the Claimants’ application was refused.
Legal issues: Application for subpoena to compel witness attendance · Allegation of bias or misconduct by the Arbitrator · Necessity of ex parte application
Outcome: The Claimants' ex parte application for interim relief was refused.