The appellant appealed a decision recognizing and enforcing an arbitral award made by the China International Economic and Trade Arbitration Commission (CIETAC).
The appellant argued that the respondent had attorned to the jurisdiction of the Small Claims Court by commencing an action there before pursuing arbitration, and that he had not received proper notice of the arbitration proceedings.
The Divisional Court dismissed the appeal, finding no evidence that the respondent unequivocally abandoned the right to arbitrate, and confirming that the record supported the application judge's finding that proper notice was given.
