18 May 2018
MAEDA KENSETSU KOGYO KABUSHIKI KAISHA also known as MAEDA CORPORATION AND ANOTHER v. BAUER HONG KONG LTD
- Citation
- [2018] HKCFI 1057
- Court
- Court of First Instance
- Case number
- HCCT35/2016
The Measurement Rules, read in their contractual and commercial context, should not be amended; M12C's 'measurable core' definition does not apply to M12D (M12C was directed to classification of Rock Class A and B only), and Category 1(d) rock does not fall within the definition of 'bedrock' for purposes of M12D; the Arbitrator's re‑writing of the MRs to treat 1(d) as bedrock was incorrect but importing RQD30 into M12D was impractical and contrary to commercial sense.