27 Jan 2000
GRAND EMPIRE HOLDINGS LTD. v. MARCO INTERNATIONAL (HK) LTD.
- Citation
- GRAND EMPIRE HOLDINGS LTD. v. MARCO INTERNATIONAL (HK) LTD.
- Court
- Court of First Instance
- Case number
- HCA14891/1999
Because both parties signed the detailed written sale agreement containing an unequivocal arbitration clause covering controversies relating to the contract goods, the plaintiff cannot avoid the clause by labelling the agreement a sham; questions of existence or applicability of the arbitration agreement fall to the arbitrators under Article 16 UNCITRAL Model Law and, absent proof the clause is null or inoperative, the court must stay proceedings and refer the matter to arbitration under Arbitration Ordinance Cap.341 s6.