Read the full judgment text of FAMV18/2012 on BabelCite. This Court of Final Appeal judgment was delivered on 21 February 2013 before Chief Justice Ma, Mr Justice Chan PJ, Mr Justice Ribeiro PJ.
Civil procedure – arbitration – setting aside arbitral award – UNCITRAL Model Law Article 34(2)(a)(ii) and (iv) – inability to present case – non-compliance with agreed procedure – procedural and case management discretions – leave to appeal – great general or public importance – leave as of right – liquidated sum – Court of Final Appeal – Pacific China Holdings Ltd (in liquidation) v Grand Pacific Holdings Ltd – FAMV18/2012 – The respondent obtained an arbitral award for US$55 million against the applicant. The applicant sought to set aside the award on grounds that the tribunal's procedural rulings prevented it from presenting its case or deviated from agreed procedure. The Court of First Instance set aside the award, but the Court of Appeal restored it. The applicant sought leave to appeal to the Court of Final Appeal. The Appeal Committee dismissed the application, holding that the tribunal's rulings were proper exercises of its procedural and case management discretions, and no viable grounds under Article 34 were established. The questions raised were not of great general or public importance, and leave was not as of right as the proceedings did not involve a liquidated sum. Application dismissed with costs.
Legal issues: Grounds for setting aside arbitral award under Article 34(2)(a)(ii) and (iv) of UNCITRAL Model Law · Leave to appeal as of right under section 22(1)(a) of the Court's statute · Whether the questions raised were of great general or public importance
Outcome: Application for leave to appeal dismissed with costs.
Cited by 3 cases