A LTD. v. B

A LTD. v. B

The court will decide removal under s.15(3) by reference to the state of affairs at the date of commencement of proceedings (8 August 1998); the arbitrator's subsequent making or publication of an award does not nullify the court's power to remove. On the facts there was undue delay and no adequate explanation, so the arbitrator was properly removed effective 8 August 1998.

Citation
A LTD. v. B
Parties
Plaintiff: A LTD; Defendant: B
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
21 December 1998
Case Number
HCCT80/1998
Procedural Posture
Application to Remove Arbitrator Under Arbitration Ordinance (cap.341 S.15(3)) / Judgment on Originating Summons (chambers Hearing)
Outcome
Arbitrator removed with effect from 8 August 1998; order nisi that defendant pay plaintiff's costs.
Legal Topics
Removal of Arbitrator, Delay/failure to Use Reasonable Dispatch, Section 15(3) Arbitration Ordinance, Costs
Source Language
EN
Arbitration Civil Procedure Removal of Arbitrator Delay/failure to Use Reasonable Dispatch Section 15(3) Arbitration Ordinance Costs

Case Brief

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Parties

A LTD

Plaintiff

B

Defendant

Procedural Posture

Application to Remove Arbitrator Under Arbitration Ordinance (cap.341 S.15(3)) / Judgment on Originating Summons (chambers Hearing)

Legal Issues

  1. 1 Whether the court can remove an arbitrator who purportedly made and published an award after commencement of proceedings
  2. 2 Whether the court should exercise its discretion to remove an arbitrator for undue delay under s.15(3)
  3. 3 Temporal point of assessment for failure to use reasonable dispatch (date of commencement vs date of order)

Ratio Decidendi

The court will decide removal under s.15(3) by reference to the state of affairs at the date of commencement of proceedings (8 August 1998); the arbitrator's subsequent making or publication of an award does not nullify the court's power to remove. On the facts there was undue delay and no adequate explanation, so the arbitrator was properly removed effective 8 August 1998.

Court Disposition

Arbitrator removed with effect from 8 August 1998; order nisi that defendant pay plaintiff's costs.

Orders

  • Arbitrator removed with effect from 8 August 1998
  • Order nisi that the defendant pay the plaintiff's costs