Matter

Employer v Consultant, Contractors and Subcontractor (High Court of Hong Kong HCCT 39/2021)

Applicable rules: 1993 HKIAC Domestic Arbitration Rules

29 March 2022Hong Kong
29 March 2022Hong Kong
Decision of the High Court of Hong Kong, Court of First Instance in the case HCCT 39/2021 dated 29 March 2022
High Court of Hong Kong, Court of First Instance
Case no.
HCCT 39/2021
Citation
[2022] HKCFI 887
Decision summary
The Court held that section 2 of Schedule 2 to the Arbitration Ordinance applied to the arbitration agreement between the Employer and the Consultant because the agreement, by incorporating the 1993 HKIAC Domestic Arbitration Rules, provided by implication for domestic arbitration. It ordered consolidation of the first arbitration with the already consolidated second and third arbitrations and ordered the Consultant to pay the application costs of the Employer and the Contractors; the Subcontractor did not seek costs.
Supporting details
5 authorities · 16 participants
Employer
Representative
Gary Soo (For: Employer)
Representative
Li & Partners (For: Employer)
Consultant
Representative
James Niehorster (For: Consultant)
Representative
Bryan Cave Leighton Paisner LLP (For: Consultant)
Contractor A
Representative
Julian Cohen (For: Contractor A · Contractor B · Contractor C · Contractor D)
Representative
Cocking & Co LLP (For: Contractor A · Contractor B · Contractor C · Contractor D)
Contractor B
Representative
Julian Cohen (For: Contractor A · Contractor B · Contractor C · Contractor D)
Representative
Cocking & Co LLP (For: Contractor A · Contractor B · Contractor C · Contractor D)
Contractor C
Representative
Julian Cohen (For: Contractor A · Contractor B · Contractor C · Contractor D)
Representative
Cocking & Co LLP (For: Contractor A · Contractor B · Contractor C · Contractor D)
Contractor D
Representative
Julian Cohen (For: Contractor A · Contractor B · Contractor C · Contractor D)
Representative
Cocking & Co LLP (For: Contractor A · Contractor B · Contractor C · Contractor D)
Subcontractor
Representative
Jonathan Chang SC (For: Subcontractor)
Representative
King & Wood Mallesons (For: Subcontractor)
High Court of Hong Kong, Court of First Instance
Judge
Mimmie Chan
Authorities cited
5
- Arbitration Ordinance (Hong Kong, Cap 609)
  statute
- Hong Kong Arbitration Ordinance (Cap 341)
  statute
- A & ors v D ([2017] 1 HKLRD 779)
  case-law
- Buda Pipe Rehab Eng Co Limited v CPC Construction Hong Kong Limited ([2019] HKCFI 503)
  case-law
- SOL International Ltd v Guangzhou Dong Jun Real Estate Interest Co Ltd ([1998] 2 HKLRD 637)
  case-law
Direct judgment

Employer

Consultant

Contractor A

Contractor B

Contractor C

Contractor D

Subcontractor

High Court of Hong Kong, Court of First Instance