Taigo Ltd v China Master Shipping Ltd - Hong Kong SAR Court of First Instance Construction and Arbitration Proceedings (Saunders J) - 9 July 2010

(2011) 821 LMLN 2

Arbitration - "Documents only" hearing - No direction for split hearing on liability and quantum - Arbitrators determining liability in favour of counterclaiming respondent but leaving quantum to be dealt with in separate hearing - Whether arbitrators erred - Whether leave

Taigo brought arbitration proceedings against China Master in relation to disputes which had arisen under a time charter. China Master counterclaimed damages for wrongful repudiation of the charter by Taigo. The arbitration was deal with on a “documents only” basis. On 20 March 2010 the tribunal published a “First Final Award”. It determined that China Master’s counterclaim succeeded on liability but that because the tribunal did not have sufficient particulars or evidence to make a determination on the quantum of damages recoverable by China Master, the question of damages would be left over to be dealt with “in another Final Award”.