Matter

EW v HC (High Court of Hong Kong HCCT 104/2022)

Case no.: HKIAC/A20295

19 October 2022Arbitration
19 October 2022Arbitration
Arbitral Award dated 19 October 2022
Decision summary
The tribunal allowed HC's claim for US$5,163,283.05 as the unpaid price of the delivered and undelivered products and awarded warehousing costs at US$21,667.75 per month from 1 December 2017 until actual payment for the undelivered products. It dismissed EW's counterclaim for damages arising from the Form AK and HS code dispute.
Supporting details
2 participants
HC
EW
Mentioned in judgment
11 months and 23 days later · 358 days
12 October 2023Hong Kong
12 October 2023Hong Kong
Reasons for Decision of the High Court of Hong Kong in the case HCCT 104/2022 dated 12 October 2023
High Court of Hong Kong
Case no.
HCCT 104/2022
Citation
[2023] HKCFI 2619
Decision summary
The High Court of Hong Kong dismissed EW's application to set aside the Award, including the proposed amended grounds. It held that the tribunal had dealt with the issues concerning Form AK and found that EW had not proved a ground for setting aside under Article 34(2). EW was ordered to pay the costs of the setting-aside application and the summons to amend on an indemnity basis, with a certificate for counsel.
Supporting details
5 authorities · 7 participants
EW
Representative
Brian Lo (For: EW)
Representative
Humphrey & Associates (For: EW)
HC
Representative
Victor TS Lui (For: HC)
Representative
Kim & Company (For: HC)
High Court of Hong Kong
Judge
Mimmie Chan
Authorities cited
5
- Hong Kong Arbitration Ordinance, Cap. 609
  statute
- LY v HW ([2022] HKCFI 2267)
  case-law
- Po Fat Construction Co Ltd v The Incorporated Owners of Kin Sang Estate (HCCT 15 & 23/2013, [2013] HKEC 1875)
  case-law
- Kensland Realty Ltd v Whale View Investments Ltd ([2001] 4 HKCFAR 381)
  case-law
- BP Refinery (Westernpoint) Pty Ltd v Shire of Hastings ([1978] 52 ALJR 20)
  case-law
Direct judgment