Read the full judgment text of CACV 336/2006 on BabelCite. This 高等法院上訴法庭 judgment was delivered on 20 April 2007 before Hon Rogers Acting CJHC, A Cheung J.
Arbitration — Set aside of arbitration award — Apparent bias — Delay — Procedural discretion — The applicant sought to set aside an arbitration award on the ground of apparent bias, alleging the arbitrator had previous limited contact but was unaware during the arbitration. The court applied the established test for apparent bias and found no real possibility of bias, as the arbitrator had no recollection of prior involvement and had acted fairly. The court also found the application to set aside the award was made too late and there was no satisfactory explanation for the delay. The judge’s exercise of discretion to dismiss the application for want of promptness was upheld. The appeal against dismissal of the set aside application was dismissed with costs.
Legal issues: Apparent bias in arbitration · Delay in setting aside arbitration award
Outcome: Appeal dismissed with costs
Cited by 1 case · Cites 1 case