18 Dec 2012
YANTAI WANHUA POLYURETHANES CO LTD v. PUR PRODUCTS LTD
- Citation
- YANTAI WANHUA POLYURETHANES CO LTD v. PUR PRODUCTS LTD
- Court
- Court of First Instance
- Case number
- HCA930/2011
The court refused the stay and to set aside service because the parties expressly chose Hong Kong law and giving effect to that choice was necessary to uphold their common intention; permitting English proceedings would allow the defendant to obtain mandatory compensation under the Regulations not contemplated by the parties and would frustrate the bargain, and the other factors (witnesses, documents, parties' absence from Hong Kong) were insufficiently strong to displace the choice of law and justify a stay or setting aside of service.