Read the full judgment text of HCCT 25/2004 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 28 September 2004 before Hon Reyes J.
Construction arbitration — particulars and pleadings — Amended Statement of Claim (AMSOC) §§26A, 28, 43 — Arbitrator’s 7th Interim Award barring parts of claimant’s case — Whether Arbitrator considered all relevant particulars (Schedules 2, 3A) — Interpretation of Interim Certificate as evidence — Extremely important for parties to have clear reasons in arbitration awards when barring claims — Court cannot substitute view for Arbitrator’s discretionary judgment — Appeal court’s role is limited to determining whether decision was plainly wrong or without proper basis — Appeal allowed and issues remitted to Arbitrator for reconsideration — Costs and consequential orders reserved.
Legal issues: Adequacy and consideration of particulars under AMSOC §26A · Nature of AMSOC §28 claim regarding Interim Certificate · Consideration of Schedule 3A and possible misconstruction of Schedule 2A under AMSOC §43
Outcome: Kenworth's appeal is allowed. The question of whether Kenworth should be allowed to advance cases under AMSOC §§26A, 28, and 43 is remitted to the Arbitrator for reconsideration.
Cited by 1 case