17 Feb 1993
William Co. v. Chu Kong Agency Co. Ltd. and Another
- Citation
- William Co. v. Chu Kong Agency Co. Ltd. and Another
- Court
- Court of First Instance
- Case number
- HCCL155/1991
The court held the dispute resolution clause was not void for uncertainty and that Article 7(2) was satisfied by the Bill of Lading together with post‑dating correspondence and pleadings which recorded assent; accordingly the court had no discretion under Article 8(1) of the Model Law and was required to stay the Hong Kong proceedings in favour of arbitration in China despite potential disadvantage to the plaintiff under the Hague‑Visby Rules; choice of law issues are for the arbitrators to decide.