Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Jurisdiction clause vs arbitration clause

Legal area

Court

6 Nov 2024

JINGDONG E-COMMERCE (TRADE) HONG KONG CORPORATION LTD v. MAVIN ELECTRONS LTD

Citation

[2024] HKCFI 3110
Court

Court of First Instance
Case number

HCA1032/2023

Defendant established a prima facie case that the SPA arbitration clause (Clause 9.9) covers the present disputes so the court must stay proceedings in favour of arbitration; the 8/12/22 Agreement did not plainly and unequivocally waive the arbitration clause, the SPA clause is wide and the 8/12/22 Agreement expressly refers to the SPA and Supplemental Agreement, and questions about reliance on SPA clause 3.5 and set-off are appropriately for the tribunal to determine first.
30 Mar 2012

LEE CHEONG CONSTRUCTION & BUILDING MATERIALS LTD v. THE INCORPORATED OWNERS OF THE ARCADIA

Citation

LEE CHEONG CONSTRUCTION & BUILDING MATERIALS LTD v. THE INCORPORATED OWNERS OF THE ARCADIA
Court

Court of First Instance
Case number

HCA21/2012

Clauses 25(b) and 27 are reconcilable and read together; clause 27 is a binding arbitration agreement obliging parties to refer disputes to arbitration; consequently a stay of the court proceedings was ordered under section 20 of the Arbitration Ordinance and costs were ordered nisi to the defendant on a common fund basis to be taxed if not agreed.