Read the full judgment text of CACV 106/2008 & CACV 197/2008 on BabelCite. This 高等法院上訴法庭 judgment was delivered on 20 October 2008 before Hon Rogers VP.
Arbitration — enforcement of CIETAC award — application to stay appeal — procedural issue on hearing dates — whether appeals should be heard together — court’s duty to enforce awards expeditiously — refusal to delay enforcement pending further arbitration proceedings — new arbitration claims seeking termination and payments — costs awarded. The case involves the enforcement of an arbitration award dated 27 October 2006 by CIETAC relating to land development disputes between the Applicant and the two Respondents. The Respondents failed to pass land to the Applicant as agreed and developed it themselves, resulting in the award ordering payment and continued performance. After enforcement proceedings in Hong Kong, two appeals arose from decisions of Reyes J, one rejecting admission of new evidence and the other refusing to set aside the enforcement. The court held that the two appeals should be heard simultaneously to avoid unnecessary delay and to maintain arbitration effectiveness. It ruled that enforcement should not be stayed by pending or new arbitration claims and emphasized court's role in expediting arbitration enforcement. The applications to stay appeals were dismissed with costs. The hearing date was suggested to be as early as 23 December 2008. The order ensures prompt resolution and respects the arbitration process under relevant provisions of the Arbitration Ordinance.
Legal issues: Whether the two appeals should be heard concurrently · Whether enforcement of the CIETAC arbitration award should be delayed
Outcome: Application to stay the two appeals dismissed with costs