5 Nov 2002
GOOD YEAR PROFESSIONAL SERVICE CO. v. PENTA-OCEAN CONSTRUCTION CO. LTD.
- Citation
- GOOD YEAR PROFESSIONAL SERVICE CO. v. PENTA-OCEAN CONSTRUCTION CO. LTD.
- Court
- Court of First Instance
- Case number
- HCA2270/2002
There is a bona fide dispute which falls within Clause 5; Clause 5 should be construed to cover disputes relating to matters occurring during the carrying out of the works and disputes that become apparent after completion (there is no arbitrary cutoff at completion); the fraud material before the court was not a specific allegation of fraud against the plaintiff sufficient to engage section 26, and therefore the court must grant a stay and refer the parties to arbitration under the Arbitration Ordinance/Article 8(1).