W v. P

W v. P

The application to set aside the partial final award was dismissed because the tribunal had jurisdiction to determine the price adjustment claim within the reference, W had adequate opportunity to present its case in writing and orally, W failed to identify material evidence or prejudice that would have affected the outcome, and the challenge was an attempt to revisit the merits rather than show a valid ground to set aside the award.

Citation
W v. P
Parties
Applicant: W; Respondent: P
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
19 January 2016
Case Number
HCCT55/2015
Procedural Posture
Application to Set Aside Arbitral Award Under Arbitration Ordinance / Chambers Decision on Strike Out Application (originating Summons)
Outcome
Originating summons dismissed and struck out as devoid of merit
Legal Topics
Setting Aside Arbitration Award, Partial Final Award, Jurisdictional Challenge, Procedural Fairness, Strike Out for Abuse of Process, Enforcement of Awards
Source Language
EN
Arbitration Civil Procedure Commercial Contract Law Setting Aside Arbitration Award Partial Final Award Jurisdictional Challenge Procedural Fairness Strike Out for Abuse of Process +1 more

Case Brief

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Parties

W

Applicant

P

Respondent

Procedural Posture

Application to Set Aside Arbitral Award Under Arbitration Ordinance / Chambers Decision on Strike Out Application (originating Summons)

Legal Issues

  1. 1 Whether the applicant was deprived of the opportunity to present its case in the arbitration
  2. 2 Whether the partial final award exceeded the terms of the submission to arbitration or was beyond the tribunal's jurisdiction
  3. 3 Whether the application to set aside discloses a reasonable cause of action or is an abuse of process

Ratio Decidendi

The application to set aside the partial final award was dismissed because the tribunal had jurisdiction to determine the price adjustment claim within the reference, W had adequate opportunity to present its case in writing and orally, W failed to identify material evidence or prejudice that would have affected the outcome, and the challenge was an attempt to revisit the merits rather than show a valid ground to set aside the award.

Court Disposition

Originating summons dismissed and struck out as devoid of merit

Orders

  • Application to set aside the Partial Final Award dismissed
  • Originating summons struck out as frivolous, vexatious or abuse of process