以下有段判決書內容,看不懂,懇請幫忙解釋一下,感激萬分!謝謝!謝謝!
I am further enforced in this view by the general principle that the court’s supervisory jurisdiction over arbitration should be less rather than more. The power to intervene is defined by statute and a non-interventionist philosophy is encouraged in issues concerning when such a power arises.
This not being an award, there is no power to set it aside.
The remaining issue, therefore, is whether Gingerbread has been able to demonstrate that the arbitrator misconducted himself when finding that Cheung Kong and Citybase were acting as agents for Gingerbread.
Misconduct
In Asia Construction v. Crown Pacific (1988) 44 BLR 135 a test to be applied for the removal of an arbitrator was formulated as follows :
“Do there exist grounds from which a reasonable person would think there was a real likelihood that the arbitrator could not, or, would not, fairly determine the issue in question on the evidence or arguments to be adduced before him?”