AT & ANOTHER v. QC & ANOTHER

AT & ANOTHER v. QC & ANOTHER

The court dismissed the application to set aside the arbitral awards because the defendants had not changed their pleaded case, the tribunal proceeded on four independent and adequately pleaded grounds, the refusal to admit PRC expert evidence was a legitimate case management decision, any alleged irregularity would not have changed the outcome and thus caused no prejudice, and enforcement of the awards does not offend Hong Kong public policy.

Citation
[2026] HKCFI 1437
Parties
1st & 2nd Plaintiffs: AT & another; 1st & 2nd Defendants: QC & another
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
11 March 2026
Case Number
HCCT83/2025
Procedural Posture
Construction and Arbitration Proceedings / Application to Set Aside Arbitral Awards
Outcome
application to set aside dismissed
Legal Topics
Setting Aside Arbitral Award, Inability to Present Case, Public Policy Challenge, Estoppel, Implied Terms, Case Management Discretion
Source Language
EN
Arbitration Contract Law Civil Procedure Public Policy International Commercial Arbitration Regulatory Compliance (prc) Setting Aside Arbitral Award Inability to Present Case +4 more

Case Brief

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Parties

AT & another

1st & 2nd Plaintiffs

QC & another

1st & 2nd Defendants

Procedural Posture

Construction and Arbitration Proceedings / Application to Set Aside Arbitral Awards

Legal Issues

  1. 1 Whether the tribunal denied the plaintiffs a fair opportunity to present their case by accepting a changed defence without notice
  2. 2 Whether the awards are contrary to the public policy of Hong Kong
  3. 3 Whether the tribunal mischaracterised the Domestic Payment as equivalent to the USD Sale Price and thereby engaged PRC foreign exchange/ODI issues

Ratio Decidendi

The court dismissed the application to set aside the arbitral awards because the defendants had not changed their pleaded case, the tribunal proceeded on four independent and adequately pleaded grounds, the refusal to admit PRC expert evidence was a legitimate case management decision, any alleged irregularity would not have changed the outcome and thus caused no prejudice, and enforcement of the awards does not offend Hong Kong public policy.

Court Disposition

application to set aside dismissed

Orders

  • Application to set aside dismissed
  • Plaintiffs to pay the Defendants the costs of and incidental to the Originating Summons (including costs reserved) on an indemnity basis with Certificate for 2 Counsel