Read the full judgment text of HCCT 53/2010 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 30 March 2015 before Deputy High Court Judge Leung.
Arbitration — Setting aside of partial arbitral award — Employment of Arbitration Ordinance (Cap 341), UNCITRAL Model Law (Art 34) — CPDH's claim to deduct RMB 10 million under Clause 3.6.2(5) of 20% Agreement disputed — Respondents claimed breach of implied term to use due diligence and invoked Deeming Provision for deemed recovery — Tribunal awarded RMB 10 million to respondents payable by CPDH, not BPP, contrary to pleaded positions — CPDH challenged ruling as breach of natural justice and due process — Court emphasized narrow grounds for setting aside arbitral awards to preserve finality of arbitration — Tribunal’s award involved reasoning and relief not pleaded or argued, particularly unjust enrichment and Jade Bird Agreement — CPDH denied reasonable opportunity to present case on these expansions — Serious procedural unfairness found — Application to set aside relevant award parts granted — Costs directions reserved.
Legal issues: Whether CPDH was entitled to deduct RMB 10 million under Clause 3.6.2(5) · Validity of the Tribunal's order directing CPDH to pay RMB 10 million
Outcome: Application granted to set aside §§342 and 477(7) of the Award
Cited by 1 case · Cites 1 case