IN THE MATTER OF SECTION 34(1)(3) OF THE ARBITRATION ORDINANCE (CAP 609)
IN THE MATTER OF A PARTIAL FINAL AWARD ON JURISDICTION DATED 8 JUNE 2022 AND A PARTIAL FINAL AWARD ON COSTS DATED 20 SEPTEMBER 2022 IN HKIAC/A20173
On 8 July 2022, the Plaintiff in these proceedings issued its Originating Summons ("OS") under section 34 of the Arbitration Ordinance ("Ordinance"), to set aside the Partial Final Award on Jurisdiction dated 8 June 2022 ("Award") made by the arbitral tribunal ("Tribunal") in HKIAC/A20173 ("Arbitration"), and for the Court to decide the matter of the jurisdiction of the Tribunal. As amended on 1 November 2022, the OS seeks from the Court a declaration that the Tribunal has no jurisdiction over the 3rd Defendant in these proceedings, and that the Plaintiff is the true principal and party to the 2nd Amended LPA which was the subject of the dispute in the Arbitration, and an order that the Plaintiff's costs be paid by the Defendants.
On 9 September 2022, the 3rd Defendant issued her summons to strike out the OS ("Summons") on the ground that it discloses no reasonable cause of action, in that the Award was not one on the Tribunal's jurisdiction, and did not involve any true question of jurisdiction which is open to the Court's review under section 34 of the Ordinance. It is also claimed that the OS is an abuse of process.