20 Aug 2025
KAT YUE CONSTRUCTION ENGINEERING LTD v. FAI LEE CONSTRUCTION (H.K.) LTD
- Citation
- [2025] HKCFI 3298
- Court
- Court of First Instance
- Case number
- HCA2494/2024
Clause 1.6 of the Settlement Agreement expressly disapplies clause 12 of the original Contract so the arbitration clause does not apply to disputes arising under the Settlement Agreement; the Plaintiff's claim in substance arises under the Settlement Agreement (with rights reserved under clause 1.5) and therefore the dispute is not within the ambit of the Contract's arbitration clause; the Defendant is not entitled to a stay under s20 and the stay application is dismissed.