20 Mar 2023
A v. C
- Citation
- [2023] HKCFI 804
- Court
- Court of First Instance
- Case number
- HCCT16/2022
The court found there was a plainly arguable prima facie arbitration agreement because the Letter of Acceptance incorporated the Plaintiff's Form of Tender (which accepted Main Contract Conditions insofar as they refer to the Subcontractor) as contract correspondence and the Main Contract definition of 'Contractor' includes Nominated Domestic Sub-Contractors; parts of Clause 41 are capable of being performed or severed to give effect to the parties' intention to arbitrate; accordingly the stay to arbitration was granted and jurisdictional issues are for the arbitral tribunal to decide.