Read the full judgment text of HCCT 76/2005 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 16 February 2006 before Hon Reyes J.
Construction Law — Arbitration — Interpretation of Sub-Contract and Main Contract clauses concerning certificates — Whether an arbitrator has jurisdiction to review Architect's Final Certificate (CF 31) — Power to open up and review certificates — Final Certificate under cl. 30(6) Main Contract — exceptions under cl. 30(7) for fraud, latent defects or computational error — Effect of arbitrator treating CF 31 as conclusive and final decision — Estoppel by prior acceptance of jurisdiction — Leave to appeal granted due to serious doubt on arbitrator’s construction and approach. Chinney as Main Contractor subcontracted marble and granite work to Po Kwong, disputes arose over payments certified under interim and final certificates. Arbitrator held no jurisdiction to review CF 31 and awarded $2 million to Po Kwong. Court found serious doubt whether CF 31 was properly considered final and binding, notably the failure to consider exceptions under cl. 30(7) and estoppel, and granted leave to appeal. Costs and consequential orders reserved.
Legal issues: Whether CF 31 a “Final Certificate” · Whether CF 31 a final and binding decision · Whether Arbitrator misconstrued proviso to cl. 22 · Whether Po Kwong estopped from denying Arbitrator’s jurisdiction
Outcome: Leave to appeal against the Award granted to Chinney.
Cites 1 case