Read the full judgment text of HCCT 22/2010 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 9 July 2010 before HonSaunders J in Chambers.
Arbitration — Procedural discretion — Split trial — Quantum determination — Documents only arbitration — Failure to provide evidence — The High Court considered whether arbitrators were entitled to issue a first final award on liability while reserving the question of damages to a later award without a prior direction for split hearing. The arbitrators had conducted a documents only arbitration and directed the Respondent to provide evidence which was not supplied. Holding that the arbitrators exercised their discretion properly, the Court ruled that flexible procedures allowed determining liability first and dealing with quantum subsequently. No error or prejudice to the Applicant was found. The application for leave to appeal was dismissed. The ruling affirmed the tribunal’s discretion in managing arbitration proceedings in circumstances of insufficient documentary evidence of damages.
Legal issues: Jurisdiction and discretion to issue a split award on liability and quantum
Outcome: Application for leave to appeal dismissed; arbitrators’ award upheld
Cites 1 case