Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Uncitral model law article 16(3)

Legal area

Court

9 Mar 2005

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 Appeal
Case number

CACV230/2004

The arbitrator's decision was a preliminary ruling on jurisdiction, not an award on the merits; therefore article 16(3) applied permitting a direct application to the Court of First Instance without leave under section 23, rendering the applicant's originating motion for leave under section 23(2) misconceived; appeal dismissed with costs.
6 Mar 2001

HEALTHY SUN LTD v. KEN FOR WARD ENGINEERING LTD

Citation

HEALTHY SUN LTD v. KEN FOR WARD ENGINEERING LTD
Court

Court of First Instance
Case number

HCCT97/2000

Article 16(3) of the UNCITRAL Model Law, as applied by section 13B of the Arbitration Ordinance, precludes a court appeal from an arbitral tribunal's ruling on its own jurisdiction even if that ruling is styled as an 'award'; consequently no right of appeal lay to the plaintiff, the plaintiff's declaration summons was a procedural error and is dismissed, and the defendant's strike out summons is granted with limited costs.