Read the full judgment text of CACV 194/2012 on BabelCite. This 高等法院上訴法庭 judgment was delivered on 27 November 2013 before Hon Lam VP, Barma JA, McWalters J.
Arbitration — UNCITRAL Model Law — Setting aside arbitral award — Adequacy of reasons for quantum awarded — Article 34(2)(a)(iii), (a)(iv) and (b)(ii) — Whether award was in excess of tribunal's authority or contrary to public policy — Plaintiff sought to set aside portion of award related to quantum of Counterclaim E for defective server boards. Tribunal gave brief reason for quantum, stating sum claimed by defendant — Plaintiff gave no evidence or submissions contesting quantum. Court held reasons adequate in circumstances where no challenge on quantum was made, distinguishing cases where competing expert evidence required detailed reasoning. Held that no failure of natural justice or procedural irregularity arose. Appeal dismissed with indemnity costs. Defendant’s application for late respondent’s notice refused with no order. Costs awarded on indemnity basis with certificate for two counsel.
Legal issues: Whether the arbitral award was sufficiently reasoned under the Model Law
Outcome: Appeal dismissed
Cites 2 cases