SHUI ON CONSTRUCTION COMPANY LIMITED v. MOON YIK COMPANY LIMITED AND ANOTHER

SHUI ON CONSTRUCTION COMPANY LIMITED v. MOON YIK COMPANY LIMITED AND ANOTHER

Section 6B confines the Court to the four specified regulatory orders and does not empower the Court to grant liberty to apply; on the facts the two arbitrations involve common issues and risk inconsistent verdicts so the appropriate order under s.6B is that the two arbitrations be heard at the same time, preserving the arbitrator's day-to-day procedural control subject to attendance and participation rights on common issues.

Citation
SHUI ON CONSTRUCTION COMPANY LIMITED v. MOON YIK COMPANY LIMITED AND ANOTHER
Parties
Claimant / Main Contractor: Shui On Construction Company Limited; Respondent / Employer: Moon Yik Company Limited; Respondent / Employer: Xipho Development Company Limited; Claimant (second Arbitration) / Sub Contractor: Schindler Lifts (Hong Kong) Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
12 September 1986
Case Number
HCMP2114/1985
Procedural Posture
Application Under Section 6 B Arbitration Ordinance (consolidation of Arbitrations) / Hearing of Motion for Regulatory Order; Reserved Judgment
Outcome
Application granted in part: order made that the two arbitrations be heard at the same time; Court refused to include a provision for liberty to apply
Legal Topics
Consolidation of Arbitrations, Court Jurisdiction Over Arbitration, Regulatory Orders Under S.6 B, Liberty to Apply, Timing of Consolidation Applications
Source Language
EN
Arbitration Civil Procedure Contract Law Construction Law Consolidation of Arbitrations Court Jurisdiction Over Arbitration Regulatory Orders Under S.6 B Liberty to Apply +1 more

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Parties

Shui On Construction Company Limited

Claimant / Main Contractor

Moon Yik Company Limited

Respondent / Employer

Xipho Development Company Limited

Respondent / Employer

Schindler Lifts (Hong Kong) Limited

Claimant (second Arbitration) / Sub Contractor

Procedural Posture

Application Under Section 6 B Arbitration Ordinance (consolidation of Arbitrations) / Hearing of Motion for Regulatory Order; Reserved Judgment

Legal Issues

  1. 1 Whether the Court's jurisdiction under s.6B of the Arbitration Ordinance is limited to the four specified regulatory orders
  2. 2 Whether the Court may include a provision for liberty to apply in an order under s.6B
  3. 3 Whether the two arbitrations should be consolidated or heard together given common issues and risk of inconsistent verdicts

Ratio Decidendi

Section 6B confines the Court to the four specified regulatory orders and does not empower the Court to grant liberty to apply; on the facts the two arbitrations involve common issues and risk inconsistent verdicts so the appropriate order under s.6B is that the two arbitrations be heard at the same time, preserving the arbitrator's day-to-day procedural control subject to attendance and participation rights on common issues.

Court Disposition

Application granted in part: order made that the two arbitrations be heard at the same time; Court refused to include a provision for liberty to apply

Orders

  • The Main Arbitration and the Schindler Arbitration shall be heard at the same time
  • No liberty to apply shall be included in the Court's order under s.6B