29 Jun 2005
TEAMBO ENGINEERING LTD v. HONG KONG CONSTRUCTION (HOLDINGS) LTD
- Citation
- TEAMBO ENGINEERING LTD v. HONG KONG CONSTRUCTION (HOLDINGS) LTD
- Court
- Court of First Instance
- Case number
- HCCT1/2005
The sub-contracts do not incorporate an arbitration agreement because the Brief Details expressly incorporated only specific SCC pages (50-52) thereby excluding SCC 81 which deleted GCC 86; GCC 86 had been removed from the main contract and thus could not be imported into the sub-contract by reference; expressio unius and practical impossibility of applying the Architect-based mechanism to subcontractor disputes determine the result.