28 Jun 2004
THE INCORPORATED OWNERS OF TAK TAI BUILDING v. LEUNG YAU BUILDING LTD
- Citation
- THE INCORPORATED OWNERS OF TAK TAI BUILDING v. LEUNG YAU BUILDING LTD
- Court
- Court of First Instance
- Case number
- HCCT24/2004
Leave to appeal was refused because, although the arbitrator erred in holding the jurisdictional plea was late and that the counterclaim constituted submission to jurisdiction, the Interim Award was nonetheless supportable on alternative grounds not attacked successfully by the applicant—specifically that the parties by their conduct at the preliminary meeting referred to the written Clause 35 (s2AC(2)(d)/(e)) and thus formed a written/ad hoc arbitration agreement—so the applicant failed to show the arbitrator was obviously wrong or that the errors would substantially affect the parties' righ…