OE1 AND ANOTHER v. SC

OE1 AND ANOTHER v. SC

Leave to appeal was refused because there were no reasonable prospects of success: the Court properly construed the Award and Addendum and found the Tribunal had identified omissions and validly exercised power to make an additional award under Article 33(3); the Court was entitled to interpret the Award rather than defer to labels used by the Tribunal; issue estoppel did not apply because the Mainland proceedings involved a different party (OE Parent) and there was no privity; the Tribunal's jurisdiction under the Agreement was not shown to be wrong; costs were ordered on an indemnity basis against SC.

Citation
[2020] HKCFI 2844
Parties
Plaintiff in HCCT 48/2019; Defendant in HCCT 66/2019: SC; 1st Defendant in HCCT 48/2019; 1st Plaintiff in HCCT 66/2019: OE1; 2nd Defendant in HCCT 48/2019; 2nd Plaintiff in HCCT 66/2019: OE2
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
10 November 2020
Case Number
HCCT66/2019
Procedural Posture
Construction and Arbitration Proceedings Under Arbitration Ordinance (cap 609) / Application for Leave to Appeal Against Decision of 24 August 2020 Refusing to Set Aside Addendum to Arbitral Award and Granting Leave to Enforce Amended Award
Outcome
Application for leave to appeal dismissed; leave to appeal refused
Legal Topics
Setting Aside Arbitral Award, Enforcement of Arbitral Award, Correction and Additional Award (model Law Article 33), Jurisdiction of Tribunal, Issue Estoppel, Injunctive Relief, Interpretation of Award
Source Language
EN
Arbitration Civil Procedure Contract Law Intellectual Property Enforcement Setting Aside Arbitral Award Enforcement of Arbitral Award Correction and Additional Award (model Law Article 33) Jurisdiction of Tribunal +3 more

Case Brief

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Parties

SC

Plaintiff in HCCT 48/2019; Defendant in HCCT 66/2019

OE1

1st Defendant in HCCT 48/2019; 1st Plaintiff in HCCT 66/2019

OE2

2nd Defendant in HCCT 48/2019; 2nd Plaintiff in HCCT 66/2019

Procedural Posture

Construction and Arbitration Proceedings Under Arbitration Ordinance (cap 609) / Application for Leave to Appeal Against Decision of 24 August 2020 Refusing to Set Aside Addendum to Arbitral Award and Granting Leave to Enforce Amended Award

Legal Issues

  1. 1 Whether the Tribunal's Addendum was a correction or an additional award and whether the Tribunal had power under Article 33(3) of the Model Law to make an additional award
  2. 2 Whether the Court was entitled to construe the Award and Addendum contrary to the Tribunal's labels or reasoning
  3. 3 Whether issue estoppel applied given Mainland proceedings involving OE Parent

Ratio Decidendi

Leave to appeal was refused because there were no reasonable prospects of success: the Court properly construed the Award and Addendum and found the Tribunal had identified omissions and validly exercised power to make an additional award under Article 33(3); the Court was entitled to interpret the Award rather than defer to labels used by the Tribunal; issue estoppel did not apply because the Mainland proceedings involved a different party (OE Parent) and there was no privity; the Tribunal's jurisdiction under the Agreement was not shown to be wrong; costs were ordered on an indemnity basis against SC.

Court Disposition

Application for leave to appeal dismissed; leave to appeal refused

Orders

  • SC to pay OE1 and OE2 the costs of the application for leave to appeal on an indemnity basis