Read the full judgment text of HCCT 45/2009 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 25 January 2011 before Hon Saunders J.
Arbitration enforcement – Construction and arbitration proceedings – CIETAC arbitral award requiring return of goods and payment of money – Whether obligations to return goods and to pay money are concurrent or sequential – Court holds payment obligation conditional upon return of goods under Article 49(1) of CIETAC Rules – Whether CIETAC-issued letters constitute binding supplementary award – Court finds letters do not form part of award due to functus officio doctrine, late issuance, lack of signatures, and natural justice breaches – Material nondisclosure in ex parte enforcement application – Court finds none – Orders granting enforcement of whole award including return of sulphur confirmed – No stay of execution granted. Counsel for applicant: Ms Teresa Cheng SC of Hogan Lovells; for respondent: Mr Peter Ng SC of JSM Mayer Brown.
Legal issues: Whether the obligations to return goods and to pay sums awarded are concurrent obligations · Whether the three CIETAC letters constitute a legally binding supplementary award · Material nondisclosure in the ex parte enforcement application
Outcome: The amended summons by PetroChina to vary the ex parte order to enforce the entire award including the return of sulphur is granted; the award is enforced accordingly.
Cites 2 cases