14 Jan 2022
The Court held CA Pacific remains binding and not plainly wrong; the presumption against taking bills of exchange into arbitration was not rebutted on these facts; the arbitration clause in the Loan Agreement did not plainly manifest an intention to cover the claim on the Cheque; therefore the appeal was dismissed and the stay was refused below.
26 Aug 2021
Defendant established a prima facie arbitration agreement within the subcontract and the disputes fall within its scope; although the clause uses permissive language and contains a proviso delaying arbitration until completion/termination, it is arguable that one party's election to arbitrate renders arbitration binding and questions about timing/conditions are matters for the arbitral tribunal; accordingly the stay application is granted and costs awarded to the applicant on an indemnity basis.
19 Jul 2019
The court found it arguable that the Letter of Surety incorporated the arbitration clause in the Transfer Agreement such that there was a prima facie arbitration agreement; on that basis the court was obliged to stay the action under the Arbitration Ordinance and set aside the default judgment, leaving merits to an arbitral tribunal.
30 May 2019
Petitioner was not to be struck out for lack of standing because the forfeiture was the conduct complained of; and the respondents failed to show, even prima facie, that the substance of the forfeiture dispute fell within the arbitration clause because the dispute principally concerned company articles and directors' duties rather than rights under the shareholders' agreement, so the stay application was dismissed.
27 Feb 2019
The court applied the modern, pro-arbitration construction of arbitration clauses and the established tests for anti-suit relief: where a clear contractual promise to arbitrate exists and the dispute falls within its scope, the Hong Kong court may grant an anti-suit injunction against a party pursuing foreign proceedings and may order joinder for the limited purpose of securing arbitration, provided there is a strong evidential basis and the balance of convenience favors the injunction.
4 Mar 2016
The Guarantee secures obligations under the Subscription Agreement and the Note; the plaintiff's claim against the guarantor depends on whether the Company breached obligations under the Subscription Agreement (notably failure of a Qualified IPO within 3 years), and those questions fall within the wide arbitration clause of the Subscription Agreement and the Note Conditions; the non-exclusive jurisdiction clause in the Guarantee did not displace the arbitration agreement; the defendant established a prima facie plainly arguable case that the dispute is subject to arbitration, so under s20 the…
17 Apr 2015
Clause 17 of the Syndicate Agreement is a valid and wide arbitration clause covering disputes about ownership of syndicate horses; the plaintiff was bound by the Syndicate Agreement when Blazing Speed was injected and therefore the present proceedings must be stayed to arbitration; any jurisdictional challenge may be decided by the arbitrator.
24 Jul 2014
The court applied a de novo review of jurisdictional issues where the tribunal ruled on jurisdiction in its award, found the Balance Payment and S III claims arose from the Cooperation Agreement and were within the arbitration clause, concluded S Co had waived its omission/formal objections by participating, that the tribunal gave adequate reasons and evidence supported the awards, and therefore dismissed the applications to set aside under Articles 16 and 34 and refused to find public policy breach; costs ordered to S Co on an indemnity basis with certificate for two counsel.
30 Oct 2013
The arbitration clause is limited to disputes arising under or by virtue of the contract or differences concerning rights and obligations under the contract and does not extend to the defendant's statutory claims under the Contribution Ordinance and the Employees' Compensation Ordinance; consequently the third party lacked a reasonable prospect of success on appeal and leave to appeal was refused.
23 Jul 2013
The acknowledgement of debt signed by the defendants was a clear and unequivocal admission of both liability and quantum; therefore there was in reality no dispute capable of being referred to arbitration under the arbitration clause, and the application for a stay pending arbitration was refused; the plaintiffs were granted leave to amend their statement of claim to plead the underlying obligation under the AAI and the defendant given time to file a defence.