10 Mar 1998
HEBEI PEAK HARVEST BATTERY CO. LTD. v. POLYTEK ENGINEERING CO. LTD.
- Citation
- HEBEI PEAK HARVEST BATTERY CO. LTD. v. POLYTEK ENGINEERING CO. LTD.
- Court
- Court of Appeal
- Case number
- CACV224/1997
Appeal allowed and lower judge's order set aside because central questions about the plaintiff's legal capacity and existence under PRC law at material times (formation/signature date 8 March 1991 and possible subsequent cessation) were unresolved; matter remitted to Court of First Instance for rehearing to determine (1) whether an arbitration agreement was formed on 8 March 1991 and (2) whether and when the plaintiff ceased to exist, with costs nisi ordered against the plaintiff.