Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Arbitration award set aside
  • 2 Jun 1999

    Terraform Engineering Co. Ltd. v. Full Wealth Investment Ltd.

    Citation
    Terraform Engineering Co. Ltd. v. Full Wealth Investment Ltd.
    Court
    Court of Appeal
    Case number
    CACV251/1998

    The Court dismissed the appellant's appeal holding the arbitrator erred in law by purporting to grant an extension of time which the contract did not authorize; the claimant had abandoned its breach claim at arbitration and could not resurrect it on appeal; the Supplemental Agreement fixed completion at 16 January 1996 and imposed liquidated damages, so the arbitrator's award could not stand; accordingly the Court upheld the lower court's setting aside of the award and dismissed the appeal with costs ordered to the respondent.