7 May 1999
SUN FOOK KONG (CIVIL) LTD. v. WELLEAD CONSTRUCTION & ENGINEERING CO. LTD. AND ANOTHER
- Citation
- SUN FOOK KONG (CIVIL) LTD. v. WELLEAD CONSTRUCTION & ENGINEERING CO. LTD. AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCA3592/1999
Because SFK satisfied Article 8 by timely requesting referral and there was a prima facie arbitration agreement for both subcontracts (first signed, second evidenced in writing by proposals), the court had no discretion and was obligated to refer Wellead's counterclaim and claim to arbitration; the ultimate existence and scope of the arbitration agreement for the second subcontract is for the arbitrator to determine.