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　　It is established in the present case that the arbitration rules applicable to the arbitral proceedings in question should be the basis on which to determine whether a notice has been successfully delivered. Given that “non-delivery of notice pursuant to the law” is a ground commonly used by respondents for refusing the enforcement of arbitral awards made in Hong Kong SAR, it is necessary to first establish the legal basis of the delivery procedure in order to determine whether a notice has been delivered successfully pursuant to the law. In the present case, both parties agreed in the contract that any disputes, controversies or claims arising from or related to this contract or the breach, termination or invalidity of this contract shall be resolved in accordance with the then effective Arbitration Rules. Due respect has therefore been given to the choice of the parties concerned in this case. Relevant documents have been delivered to the addresses designated by both parties in the Service Agreement pursuant to the relevant requirements of the Arbitration Rules and the Respondents have also expressly acknowledged receipt of the same. There is 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.

　　Cases of the courts of the Hong Kong Special Administrative Region

　　CASE No.1：  CL v SCG

　　[2019] 2 HKLRD 144

　　HCCT 9/2018

　　I.Brief Facts

　　This was a hearing of an application by the Respondent on, as a preliminary issue, whether the enforcement of an arbitral award against the Respondent is time-barred under s. 4(1)(c) of the Limitation Ordinance (Cap. 347) (“Limitation Ordinance”).

　　The Applicant proceeded with arbitration administered by an arbitral centre in Hong Kong against the Respondent and obtained an award on 17 February 2011 in its favour, ordering the Respondent to forthwith pay the Applicant the sum of USD 2,173,000 with interests and costs of the arbitration.

　　In March 2011, the Applicant demanded payment from the Respondent of the sums due under the award and subsequently costs of the tribunal, yet to no avail. On 7 July 2011, the Applicant commenced proceedings to enforce the award in the People’s Court on the Mainland, which was rejected by that Court. Later, the Applicant appealed the decision to the Higher People’s Court  and made an application for a retrial which, however, was rejected by the Higher People’s Court on 1 March 2016.

　　On 6 February 2018, the Applicant made an ex parte application and successfully obtained leave and an order to enforce the award under s. 2GG of the Arbitration Ordinance (Cap. 341) (repealed) (“Arbitration Ordinance”) in Hong Kong (“Order”). On 6 June 2018, the Respondent applied for an inter partes hearing to set aside the Order on various bases including that the application was time-barred by s. 4(1)(c) of the Limitation Ordinance. On 24 July 2018, the question of limitation was ordered to be tried as a preliminary issue.

　　II.Issues

　　1.When did the cause of action to enforce the award in this case begin to accrue? (“Issue 1”)

　　2.Whether the cause of action, and hence the effects of time limitation under s. 4(1)(c) of the Limitation Ordinance, was suspended from the time when the Applicant applied to the People’s Court in the Mainland for enforcement on 7 July 2011 to 1 March 2016, when its application was rejected by the Higher People’s Court, in view of Article 2 of the Arrangement Concerning Mutual Enforcement of Arbitral Awards between the Mainland and the Hong Kong Special Administrative Region (“Arrangement”)? (“Issue 2”)

　　III.Analysis

　　Issue 1