Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Procedural agreements in arbitration

Legal area

Court

12 Feb 1997

THE ATTORNEY GENERAL v. SHIMIZU CORPORATION

Citation

THE ATTORNEY GENERAL v. SHIMIZU CORPORATION
Court

Court of Appeal
Case number

CACV80/1996

The court held that the disputed matters were either interlocutory or did not become appealable by virtue of a procedural agreement; Croasdell governs the characterisation of such orders so leave is required under r2(b), the threshold for which was not met on these facts, and accordingly leave to appeal to the Privy Council was refused.
12 Feb 1997

THE ATTORNEY GENERAL v. SHIMIZU CORPORATION

Citation

THE ATTORNEY GENERAL v. SHIMIZU CORPORATION
Court

Court of Appeal
Case number

CACV79/1996

The Court held that the parties' procedural agreement formed part of the arbitration and did not remove the interlocutory character of the contested decisions; the matters raised did not meet the high threshold of general or public importance required to grant leave under r2(b) of the Privy Council Rules, and therefore leave to appeal was refused.