Arbitral Digest

Matter

Downer & Company Limited and Paul Y. Construction Company Limited v The Airport Authority

  1. 20 January 1999Arbitration

    20 January 1999Arbitration

    First Partial Award

    Supporting details

    4 participants
    Downer & Company Limited
    Paul Y. Construction Company Limited
    The Airport Authority
    Institution
    Arbitrator
    Neil Kaplan

    7 months and 21 days later · 233 days

  2. 10 September 1999Hong Kong

    10 September 1999Hong Kong

    Judgment of the High Court of the Hong Kong Special Administrative Region in the case HCCT 15/1999 dated 10 September 1999

    High Court of the Hong Kong Special Administrative Region

    Case no.
    HCCT 15/1999
    Decision summary
    Findlay J granted leave to appeal the First Partial Award on two questions: whether a Dispute Review Panel decision could be disregarded, challenged, or reopened by defence or counterclaim after the arbitration time limit expired, and whether the statutory test for extending the time to serve an arbitration notice was satisfied.

    Supporting details

    4 participants
    Downer & Company Limited
    Paul Y. Construction Company Limited
    The Airport Authority
    High Court of the Hong Kong Special Administrative Region

    5 months and 6 days later · 159 days

  3. 16 February 2000Hong Kong

    16 February 2000Hong Kong

    Judgment of the High Court of the Hong Kong Special Administrative Region, Court of Appeal in the case CACV 282/1999 dated 16 February 2000

    High Court of the Hong Kong Special Administrative Region, Court of Appeal

    Case no.
    CACV 282/1999
    Decision summary
    The Court of Appeal dismissed the appeal with costs and upheld the decision granting leave to appeal the First Partial Award on both questions. It held that the judge was entitled to exercise his discretion to grant leave and had not gone so wrong as to justify setting aside that decision.

    Supporting details

    2 authorities · 10 participants
    Downer & Company Limited
    Representative
    Michael Thomas (For: Downer & Company Limited · Paul Y. Construction Company Limited)
    Representative
    Masons (For: Downer & Company Limited · Paul Y. Construction Company Limited)
    Paul Y. Construction Company Limited
    Representative
    Michael Thomas (For: Downer & Company Limited · Paul Y. Construction Company Limited)
    Representative
    Masons (For: Downer & Company Limited · Paul Y. Construction Company Limited)
    The Airport Authority
    Representative
    Geoffrey Ma (For: The Airport Authority)
    Representative
    Peter Clayton (For: The Airport Authority)
    Representative
    Lovell White Durrant (For: The Airport Authority)
    High Court of the Hong Kong Special Administrative Region, Court of Appeal

    Authorities cited

    2
    • Hong Kong Arbitration Ordinance (Arbitration Ordinance (Cap. 341))
      statute
    • In Re P.T. Dover Chemical Co. v. Lee Chang Yung Chemical Industry Corporation ([1990] 2 HKLR 257)
      case-law

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Downer & Company Limited and Paul Y. Construction Company Limited v The Airport Authority · Matter