N v. W

N v. W

The plaintiff failed to establish that the arbitrator's conduct amounted to serious or egregious misconduct causing denial of due process; alleged errors of law or fact are insufficient; plaintiff waived any alleged irregularity by not pursuing available remedies before the arbitrator and failed to demonstrate actual prejudice from alleged misuse of confidential information; accordingly the application to remit or set aside the award is dismissed.

Citation
[2018] HKCFI 2405
Parties
Plaintiff (respondent in the Arbitration): N; Defendant (claimant in the Arbitration): W
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
30 October 2018
Case Number
HCCT39/2018
Procedural Posture
Construction and Arbitration Proceedings Under the Arbitration Ordinance (cap.341) / Decision on Originating Summons (application to Remit or Set Aside Arbitral Award)
Outcome
Plaintiff's application to remit and to set aside the arbitral award dismissed
Legal Topics
Setting Aside Arbitral Award, Remission of Award, Arbitrator Misconduct, Conflict of Interest, Confidentiality, Waiver of Irregularity, Costs (indemnity)
Source Language
EN
Arbitration Civil Procedure Construction Law Legal Professional Conduct Setting Aside Arbitral Award Remission of Award Arbitrator Misconduct Conflict of Interest +3 more

Case Brief

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Parties

N

Plaintiff (respondent in the Arbitration)

W

Defendant (claimant in the Arbitration)

Procedural Posture

Construction and Arbitration Proceedings Under the Arbitration Ordinance (cap.341) / Decision on Originating Summons (application to Remit or Set Aside Arbitral Award)

Legal Issues

  1. 1 Whether the arbitrator misconducted the proceedings so as to justify remission under s24 or setting aside under s25 of the Arbitration Ordinance
  2. 2 Whether WL's alleged conflict of interest and collaboration with TC created a risk or actual misuse of confidential information affecting the arbitration
  3. 3 Whether the plaintiff waived any alleged irregularity by failing to seek appropriate relief before the arbitrator

Ratio Decidendi

The plaintiff failed to establish that the arbitrator's conduct amounted to serious or egregious misconduct causing denial of due process; alleged errors of law or fact are insufficient; plaintiff waived any alleged irregularity by not pursuing available remedies before the arbitrator and failed to demonstrate actual prejudice from alleged misuse of confidential information; accordingly the application to remit or set aside the award is dismissed.

Court Disposition

Plaintiff's application to remit and to set aside the arbitral award dismissed

Orders

  • Application dismissed
  • Costs awarded to the Defendant against the Plaintiff on an indemnity basis