YIELDWORTH ENGINEERS v. ARNHOLD & CO LTD

YIELDWORTH ENGINEERS v. ARNHOLD & CO LTD

A judge-arbitrator may hear an application for security for costs within the arbitration; paragraph 5(2) of the 4th Schedule makes orders so made effective as if made by a judge of the court, preserving enforcement and the ordinary right of appeal (to the Court of Appeal), and there is no statutory requirement that such applications must be made by originating summons in court.

Citation
YIELDWORTH ENGINEERS v. ARNHOLD & CO LTD
Parties
Claimant/defendant: Yieldworth Engineers; Respondent/plaintiff: Arnhold & Co. Ltd.
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
12 September 1991
Case Number
HCMP2710/1991
Procedural Posture
Judicial Arbitration Under the Arbitration Ordinance (cap.341) / Pre Hearing Application in Chambers for Security for Costs; Decision Delivered Refusing Security and Determining Procedure (11 12 Sept 1991)
Outcome
Application for security for costs dismissed; order made in the arbitration by the judge-arbitrator.
Legal Topics
Judge Arbitrator Powers, 4th Schedule Interpretation, Section 14(6) Arbitration Ordinance, Security for Costs, Appeal Route From Arbitral Orders, Confidentiality of Arbitration
Source Language
EN
Arbitration Civil Procedure Appeal Injunctions Costs Judge Arbitrator Powers 4th Schedule Interpretation Section 14(6) Arbitration Ordinance +3 more

Case Brief

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Parties

Yieldworth Engineers

Claimant/defendant

Arnhold & Co. Ltd.

Respondent/plaintiff

Procedural Posture

Judicial Arbitration Under the Arbitration Ordinance (cap.341) / Pre Hearing Application in Chambers for Security for Costs; Decision Delivered Refusing Security and Determining Procedure (11 12 Sept 1991)

Legal Issues

  1. 1 Whether an application for security for costs to a judge-arbitrator must be made by originating summons in court or may be made within the arbitration
  2. 2 Whether orders made by a judge-arbitrator under section 14(6) take effect as orders of the court and the consequent appeal route
  3. 3 Whether subsection provisions of the 4th Schedule restrict appeal rights or require procedural formality of originating summons

Ratio Decidendi

A judge-arbitrator may hear an application for security for costs within the arbitration; paragraph 5(2) of the 4th Schedule makes orders so made effective as if made by a judge of the court, preserving enforcement and the ordinary right of appeal (to the Court of Appeal), and there is no statutory requirement that such applications must be made by originating summons in court.

Court Disposition

Application for security for costs dismissed; order made in the arbitration by the judge-arbitrator.

Orders

  • Application for security for costs dismissed
  • Respondents to pay claimants' costs of the application but may set off against those costs the expense of issuing the originating summons