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　　In respect of whether an award contains decisions on matters beyond the scope of submission to arbitration prescribed by Article 7(1)(3) of the Arrangement, the following rules are clarified: Where the tribunal’s adjudication is confined to the fact-finding and reasoning sections of the award in respect of disputes beyond the scope of the tribunal’s jurisdiction, and the dispositive section of the award does not concern other agreement-related disputes, the award did not contain matters beyond the scope of submission to arbitration. In the present case, the matters Raffles submitted to arbitration before HKIAC were matters relating to the performance of the Licence Agreement. As the Licence Agreement and the Hotel Management Agreement are closely connected, the award touched on the Hotel Management Agreement in its section on fact-finding and reasoning. This analysis and determination could not be avoided in the course of dealing with a controversy arising from the Licence Agreement. The tribunal eventually merely made the award on issues arising from the Licence Agreement mentioned in the Request for Arbitration without making specific award decisions on issues arising from the Hotel Management Agreement. The relevant disputes fell within the scope of parties’ submission to arbitration pursuant to the arbitration clause. Therefore, the award in the present case did not give rise to the circumstances prescribed by Article 7(1)(3) of the Arrangement, where matters beyond the scope of the submission to arbitration were decided by the award.

　　CASE No.5：  Application for enforcement of an arbitral award made by the Hong Kong International Arbitration Centre by Bensley Design Group International Consulting Co., Ltd.

　　(2019) Chuan 01 Ren Gang No. 1

　　I. Basic facts

　　On 13 November 2013, Bensley Design Group International Consulting Co., Ltd. (hereinafter referred to as “Bensley Co.”) signed a Service Agreement on Landscape Design for Mandarin Oriental, Chengdu, China (hereinafter referred to as “Service Agreement”) with Chengdu Mind River Land Co., Ltd. (hereinafter referred to as “Mind Co.”) and Chengdu Chenchuan Industrial Co., Ltd. (hereinafter referred to as “Chenchuan Co.”).  Under the Service Agreement, any disputes, controversies or claims arising from or related to this contract or the breach, termination or invalidity of this contract shall be, in accordance with the then effective Arbitration Rules of the United Nations Commission on International Trade Law (hereinafter referred to as “Arbitration Rules”), resolved by arbitration in Hong Kong SAR.  Due to a dispute arising in the course of the performance of the contract, Bensley Co. applied to the Hong Kong International Arbitration Centre (hereinafter referred to as “HKIAC”) for arbitration on 5 March 2018. On 5 May 2019, the arbitral tribunal made the Final Award, which was in support of all arbitration requests of Bensley Co. On 4 June 2019, the arbitral tribunal issued the Correction of the Final Award, where corrections and updates were made to the Final Award.  Subsequently, Bensley Co. applied to the Chengdu Intermediate People’s Court in Sichuan Province for enforcement of the above arbitral award.

　　In their joint defence, Mind Co. and Chenchuan Co. stated that firstly, the selection of arbitrator by direct appointment of a sole arbitrator contravened Article 8 of the Arbitration Rules which required that the views of all parties shall be sought before using the list-procedure, thus falling within the situation stipulated in Article 7(4) of the Supreme People’s Court’s Arrangement Concerning Mutual Enforcement of Arbitral Awards between the Mainland and the Hong Kong Special Administrative Region (hereinafter referred to as “the Arrangement”).  Secondly, the arbitrator failed to deliver relevant documents relating to the arbitration to the Respondents in accordance with the Measures for the Administration of China Appointed Attesting Officers (Hong Kong) (Order No. 69 of the Ministry of Justice)(hereinafter referred to as “the Measures”), which was a situation stipulated in Article 7(2) of the Arrangement. It has therefore requested that the application be rejected.

　　II. Rulings

　　Firstly, regarding the composition of the arbitral tribunal in the present case, the Chengdu Intermediate People’s Court in Sichuan Province held, upon examination, that the HKIAC’s exercise of discretion to appoint a sole arbitrator during the arbitral proceedings in question was in compliance with the Arbitration Rules, to which both parties to the Service Agreement had agreed to adopt. Secondly, regarding whether the arbitral tribunal had delivered notice to the Respondents in an appropriate manner, since in the course of the arbitral proceedings the arbitrator had arranged for delivery of relevant documents to the addresses designated by both parties in the Service Agreement and the Respondents had also expressly acknowledged receipt of the same, it was held that the delivery requirements set out in Article 2 of the Arbitration Rules had been complied with and that there was no question of the arbitrator failing to deliver notice to the Respondents in an appropriate manner. The Respondents’ contention that documents relating to the arbitration should be delivered to the Respondents in accordance with the Measures was held incompatible with the Arbitration Rules and was not accepted.

　　III. significance