P v. D

P v. D

Application dismissed because the applicant was not permitted to rely on additional grounds outside the HKIAC/UNCITRAL time limits and, on the merits, an objective fair‑minded and informed observer would not conclude there was a real possibility of bias in the arbitrators' conduct or decisions.

Source-derived case information.

Citation
[2024] HKCFI 1132
Parties
Plaintiff: P; Defendant: D
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
30 April 2024
Case Number
HCCT31/2023
Procedural Posture
Construction and Arbitration Proceedings / Application to Remove Arbitrators by Amended Originating Summons; Court Judgment Dismissing Application
Outcome
Amended Originating Summons dismissed
Legal Topics
Challenge to Arbitrator, Apparent Bias, Procedural Fairness, Section 55 Evidence Taking, HKIAC Practice Note, UNCITRAL Rules
Source Language
en
Arbitration Civil Procedure Evidence Conflict of Interest Challenge to Arbitrator Apparent Bias Procedural Fairness Section 55 Evidence Taking +2 more

Source-derived case record

Summary, issues, holding and outcome

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Parties

P

Plaintiff

D

Defendant

Procedural Posture

Construction and Arbitration Proceedings / Application to Remove Arbitrators by Amended Originating Summons; Court Judgment Dismissing Application

Legal Issues

  1. 1 Whether applicant may rely on additional grounds not raised within HKIAC time limits and Practice Note
  2. 2 Whether the alleged comments and conduct of the arbitral tribunal give rise to justifiable doubts as to impartiality or apparent bias under the objective fair‑minded and informed observer test
  3. 3 Whether the arbitral tribunal denied the applicant a reasonable opportunity to present its case by refusing hearings or certain evidence‑taking requests

Ratio Decidendi

Application dismissed because the applicant was not permitted to rely on additional grounds outside the HKIAC/UNCITRAL time limits and, on the merits, an objective fair‑minded and informed observer would not conclude there was a real possibility of bias in the arbitrators' conduct or decisions.

Court Disposition

Amended Originating Summons dismissed

Orders

  • Amended Originating Summons dismissed
  • No order as to costs (nisi)