28 Sept 2004
KENWORTH ENGINEERING LTD v. NISHIMATSU CONSTRUCTION CO LTD
- Citation
- KENWORTH ENGINEERING LTD v. NISHIMATSU CONSTRUCTION CO LTD
- Court
- Court of First Instance
- Case number
- HCCT25/2004
The appeal was allowed because the 7th Interim Award was obviously wrong to disallow Kenworth's case on AMSOC 26A, 28 and parts of 43 without apparent consideration of the amended particulars in Schedule 2 and Schedule 3A; the proper remedy is to remit those issues to the Arbitrator for reconsideration rather than for the court to assess adequacy or apply the sanction itself, thereby respecting the parties' agreement to arbitrate.