10 Aug 1998
CHARTERYARD INDUSTRIAL LTD. v. THE INCORPORATED OWNERS OF BO FUNG GARDENS
- Citation
- CHARTERYARD INDUSTRIAL LTD. v. THE INCORPORATED OWNERS OF BO FUNG GARDENS
- Court
- Court of First Instance
- Case number
- HCMP897/1998
Article 11 of the HKIAC Rules did not expressly confer power to make ex parte injunctions; absent statutory or clear consensual authority the arbitrator lacked jurisdiction to grant the ex parte injunction, rendering the award void and requiring leave to enforce to be set aside. Separately, the arbitrator's procedural failures, usurpation of a separate arbitration, unjustified unless order and refusal to disclose materials justified removal for reasonable loss of confidence; replacement arbitrator to be appointed under section 27 if parties do not agree.