SUN TIAN GANG v. HONG KONG & CHINA GAS (JILIN) LTD

SUN TIAN GANG v. HONG KONG & CHINA GAS (JILIN) LTD

The arbitration clause did not provide, expressly or by implication, that arbitration under the agreement is a domestic arbitration within the meaning of section 100; accordingly Schedule 2 (including rights of appeal on questions of law) does not apply, the application for leave to appeal is dismissed, and leave is granted to enforce the Award.

Citation
[2024] HKCFI 1597
Parties
Plaintiff in HCCT 64/2023; Respondent in HCCT 84/2023: Sun Tian Gang; Defendant in HCCT 64/2023; Applicant in HCCT 84/2023: Hong Kong & China Gas (Jilin) Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
13 June 2024
Case Number
HCCT64/2023
Procedural Posture
Construction and Arbitration Proceedings / Decision on Applications to Set Aside Award, for Leave to Appeal and for Leave to Enforce Award
Outcome
Application to set aside not pursued/dismissed; application for leave to appeal dismissed; leave to enforce the Partial Final Award granted; costs awarded to Gas on indemnity basis payable by Sun.
Legal Topics
Domestic V International Arbitration, Application of Transitional Provisions (schedule 2), Leave to Appeal on Question of Law, Enforcement of Arbitral Award, Principle of Legality
Source Language
EN
Arbitration Civil Procedure Contract Law Constitutional Law Domestic V International Arbitration Application of Transitional Provisions (schedule 2) Leave to Appeal on Question of Law Enforcement of Arbitral Award +1 more

Case Brief

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Parties

Sun Tian Gang

Plaintiff in HCCT 64/2023; Respondent in HCCT 84/2023

Hong Kong & China Gas (Jilin) Limited

Defendant in HCCT 64/2023; Applicant in HCCT 84/2023

Procedural Posture

Construction and Arbitration Proceedings / Decision on Applications to Set Aside Award, for Leave to Appeal and for Leave to Enforce Award

Legal Issues

  1. 1 Whether the arbitration agreement 'provided' that arbitration is a domestic arbitration for the purposes of section 100 of the Arbitration Ordinance (Cap.609) and thus whether Schedule 2 applies
  2. 2 Whether there is any right of appeal on questions of law under Schedule 2 given the terms of the arbitration clause and the Ordinance
  3. 3 Whether enforcement of the Award should be refused or granted

Ratio Decidendi

The arbitration clause did not provide, expressly or by implication, that arbitration under the agreement is a domestic arbitration within the meaning of section 100; accordingly Schedule 2 (including rights of appeal on questions of law) does not apply, the application for leave to appeal is dismissed, and leave is granted to enforce the Award.

Court Disposition

Application to set aside not pursued/dismissed; application for leave to appeal dismissed; leave to enforce the Partial Final Award granted; costs awarded to Gas on indemnity basis payable by Sun.

Orders

  • Application for leave to appeal dismissed
  • Leave granted to enforce the Award as a judgment of the Court