20 May 2024
SYL AND ANOTHER v. GIF
- Citation
- [2024] HKCFI 1324
- Court
- Court of First Instance
- Case number
- HCCT54/2023
Because the Loan Agreement and January Deed on the one hand and the July Deed on the other imposed different appointment procedures as to a fundamental element (the right to designate a wing arbitrator), the arbitration agreements were not compatible within the meaning of HKIAC Rules Article 29; consequently a single arbitration under multiple contracts was not properly commenced, the Tribunal was not validly constituted and the Interim Award dated 6 July 2023 was set aside.