Read the full judgment text of HCCT23/2006 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 28 March 2006 before Hon Burrell J.
Arbitration — Arbitrator resignation — Termination of mandate under Arbitration Ordinance and UNCITRAL Model Law — Effect of arrest and incommunicado status on arbitrator’s mandate — Court’s power to declare termination to facilitate continuation of arbitration proceedings. In this dispute arising from a contract of sale dated 8 April 2004 settled by arbitration, the chairman of the tribunal, Dr Wang Shengchang, was arrested and detained in mainland China prior to resumption of hearings in Hong Kong. Although direct communication ceased, a fellow arbitrator relayed Dr Wang’s clear intention to resign due to personal circumstances. The court held that this was sufficient to declare termination of Dr Wang’s mandate under section 34(C) of the Arbitration Ordinance and Articles 14 and 15 of the UNCITRAL Model Law. The court found it necessary and proper to make the declaration without waiting for further details of Dr Wang’s arrest to allow the arbitration to proceed. Costs of the application were ordered against the Defendant.
Legal issues: Arbitrator resignation and mandate termination
Outcome: Declared termination of Dr Wang Shengchang’s mandate as arbitrator; costs to be paid by the Defendant