6 Mar 2002
SHANDONG TEXTILES IMPORT AND EXPORT CORPORATION v. DA HUA NON-FERROUS METALS CO. LTD.
- Citation
- SHANDONG TEXTILES IMPORT AND EXPORT CORPORATION v. DA HUA NON-FERROUS METALS CO. LTD.
- Court
- Court of First Instance
- Case number
- HCCT80/1997
Yam J's 1997 order was set aside because he lacked jurisdiction to treat PRC awards as Convention awards after the 1 July 1997 change in sovereignty; on the merits the arbitration agreement was valid under PRC law because the supplementary contract formed part of the same contract executed with the plaintiff's consent, the defendant was not substantially prejudiced by any expert material and the awards qualify as recognised Mainland awards under Part IIIA and are enforceable; section 40A(2) does not bar enforcement in these circumstances, so leave to enforce and judgment in terms of the award…