2 Jun 2015
THE INCORPORATED OWNERS OF HAMDEN COURT v. MEGA MILES CONSTRUCTION CO LTD
- Citation
- THE INCORPORATED OWNERS OF HAMDEN COURT v. MEGA MILES CONSTRUCTION CO LTD
- Court
- Court of First Instance
- Case number
- HCCT32/2014
The court held the IO's application was within the 30 day period from receipt of notice (received 9 June 2014; application dated 7 July 2014) and dismissed the challenge to the arbitrator's preliminary jurisdictional award because, on de novo review, although the Office Bearers lacked actual authority on the evidence to sign the Contract, they had ostensible/apparent authority to bind the IO; and the arbitration clause is broadly drafted and, on proper construction and applying Kompetenz-Kompetenz and separability, includes disputes as to the existence or binding effect of the Contract. There…