30 Mar 2015
CHINA PROPERTY DEVELOPMENT (HOLDINGS) LTD v. MANDECLY LTD AND OTHERS
- Citation
- CHINA PROPERTY DEVELOPMENT (HOLDINGS) LTD v. MANDECLY LTD AND OTHERS
- Court
- Court of First Instance
- Case number
- HCCT53/2010
The court set aside paragraphs §342 and §477(7) of the Award because the Tribunal imposed a payment obligation on CPDH based on reasoning (invocation of unjust enrichment and the effect of the Jade Bird Agreement) that was not a basis advanced against CPDH at the hearing and was not evident from the Award; that denial of a reasonable opportunity to address the Tribunal’s actual basis for decision amounted to a sufficiently serious breach of procedural fairness under Art 34/Section 34C warranting setting aside those parts of the Award.