20 Nov 1998
HANJIN SHIPPING CO LTD v. GRAND KING SHIPPING LTD
- Citation
- HANJIN SHIPPING CO LTD v. GRAND KING SHIPPING LTD
- Court
- Court of First Instance
- Case number
- HCCL78/1998
Article 8 of the Model Law requires the court to grant a stay and refer the dispute to arbitration where a party requests it and the arbitration agreement is not shown to be null, inoperative or incapable of performance; accordingly, despite factual circumstances that rendered dismissal desirable, the court was bound to grant the plaintiff's stay application and dismiss the defendant's dismissal application; costs were awarded to the plaintiff in any event.