Read the full judgment text of CACV 000230/2004 on BabelCite. This Court of Appeal judgment was delivered on 22 February 2005 before Hon Tang JA, Sakhrani J.
Arbitration – jurisdiction – interim award – preliminary ruling – article 16(3) UNCITRAL Model Law – section 23 Arbitration Ordinance – leave to appeal – final decision – appeal dismissed with costs – The Incorporated Owners of Tak Tai Building appealed against the refusal of Deputy Judge Poon to set aside the arbitrator's decision on jurisdiction. The arbitrator had issued an interim award deciding he had jurisdiction. The Court of Appeal held that the arbitrator's ruling was a preliminary question under article 16(3) of the UNCITRAL Model Law, not an award on the merits, so the proper procedure was direct application to the Court of First Instance without leave under section 23. The application for leave under section 23(2) was misconceived. The judge's decision was final and the appeal was dismissed with costs.
Legal issues: Proper procedure for challenging arbitrator's ruling on jurisdiction when issued as interim award
Outcome: Appeal dismissed.