29 Dec 2021
T v. B
- Citation
- [2021] HKCFI 3645
- Court
- Court of First Instance
- Case number
- HCCT13/2021
Prematurity or non-compliance with contractual pre-arbitration conditions (including absence of a completion certificate under Clause 31) is a matter of admissibility not a true jurisdictional challenge; therefore the Arbitrator's Interim Award on prematurity was not reviewable under section 81/Article 34 and the Set Aside Application fails; accordingly the Court granted the Defendant's application to stay the writ action in favour of arbitration and dismissed the Plaintiff's set aside application; Clause 31 is not invalid as inherently contrary to public policy for producing a potential limi…