Gingerbread seeks two orders. Firstly that the directions for discovery be set aside (under section 25(2)) and secondly that the arbitrator be removed for misconduct (under section 25(1)).
Setting aside the directions under section 25(2)
5. This court can only set aside an arbitrator’s “award” (and only then when there has been misconduct). If there is no award the issue of misconduct (in relation to the power to set aside) does not arise.
6. Wing Hong’s first contention is that the “Order for Directions No 6—Reasons” is not an award. I agree.
7. The Ordinance does not define “award”. However, a line must be drawn between procedural matters, which are not reviewable by this court and non-procedural issues which are reviewable under section 25. Russell on Arbitration, 22nd Edition, states : “Questions determining the timetable for the reference or the extent of disclosure of documents are procedural in nature and are determined by the issue of an order or direction and not by an award”.