WONG KING CHUEN AND ANOTHER v. THE HONG KONG FOOTBALL ASSOCIATION LTD

WONG KING CHUEN AND ANOTHER v. THE HONG KONG FOOTBALL ASSOCIATION LTD

Articles 65–67 of the defendant's articles of association constituted a valid and binding arbitration agreement despite the arbitration tribunal not yet being constituted; under Article 8 of the Model Law the court must therefore stay the action and refer the disputes to arbitration because the agreement is not null, void, inoperative or incapable of being performed.

Citation
WONG KING CHUEN AND ANOTHER v. THE HONG KONG FOOTBALL ASSOCIATION LTD
Parties
Plaintiff: Plaintiffs; Defendant: Defendant
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
15 August 2007
Case Number
HCA1333/2007
Procedural Posture
Application to Stay Proceedings Under the Model Law (arbitration) / Interlocutory (application to Stay)
Outcome
Application by defendant granted; proceedings stayed and referred to arbitration
Legal Topics
Existence of Arbitration Agreement, Model Law Article 8 Stay, Articles of Association, Jurisdiction of Arbitration Tribunal, Access to Courts Waiver
Source Language
EN
Arbitration Civil Procedure Constitutional Law Sports Law Existence of Arbitration Agreement Model Law Article 8 Stay Articles of Association Jurisdiction of Arbitration Tribunal +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 2 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Plaintiffs

Plaintiff

Defendant

Defendant

Procedural Posture

Application to Stay Proceedings Under the Model Law (arbitration) / Interlocutory (application to Stay)

Legal Issues

  1. 1 Whether articles 65–67 of the defendant's articles of association constitute a binding arbitration agreement
  2. 2 Whether an arbitration agreement can exist prior to the formation of the nominated tribunal or adoption of procedural rules
  3. 3 Whether the court must grant a stay under Article 8 of the Model Law

Ratio Decidendi

Articles 65–67 of the defendant's articles of association constituted a valid and binding arbitration agreement despite the arbitration tribunal not yet being constituted; under Article 8 of the Model Law the court must therefore stay the action and refer the disputes to arbitration because the agreement is not null, void, inoperative or incapable of being performed.

Court Disposition

Application by defendant granted; proceedings stayed and referred to arbitration

Orders

  • Stay the present action pending arbitration under the defendant's articles of association and Model Law Article 8
  • Refer the parties to arbitration in accordance with articles 65–67 and the adopted arbitration rules