27 Feb 1986
KONG KEE BROTHERS CONSTRUCTION CO LTD v. ATTORNEY GENERAL
- Citation
- KONG KEE BROTHERS CONSTRUCTION CO LTD v. ATTORNEY GENERAL
- Court
- Court of First Instance
- Case number
- HCMP2712/1985
The Court holds that under Hong Kong law there is no general 5th discretionary ground to remit awards beyond the established grounds of misconduct, admitted mistake or fresh evidence; technical misconduct is limited to clear procedural irregularity (ambiguity in operative part, excess of jurisdiction, incompleteness, breach of natural justice); on the facts no misconduct was proved and the motion to remit is dismissed; a subpoena of the arbitrator required prior leave and would likely be set aside.