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 law — enforcement of CIETAC arbitration award — application to stay appeals against enforcement decisions — procedural efficiency and duty of court to enforce promptly — confidentiality and expeditious arbitration — refusal to delay appeals pending further arbitration proceedings — appeals should be heard together. The dispute arose from a land development agreement whereby the respondents failed to deliver the land, leading to an arbitration awarding payment and performance obligations to the applicant. The respondents challenged enforcement by applying to admit evidence and to set aside enforcement, both rejected by Reyes J. The High Court Court of Appeal dismissed applications to stay the appeals, emphasizing the importance of timely enforcement to uphold arbitration principles. The court ordered the two appeals to be heard together, dismissing delay tactics associated with subsequent arbitration proceedings. Costs were awarded against the respondents.
Legal issues: Enforcement of Arbitration Award
Outcome: Applications to stay the two appeals dismissed; appeals to be heard together expeditiously.