Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Model law article 7

Legal area

Court

3 Jun 1994

NG KIN, KENNETH v. THE H.K. FOOTBALL ASSOCIATION LTD

Citation

NG KIN, KENNETH v. THE H.K. FOOTBALL ASSOCIATION LTD
Court

Court of First Instance
Case number

HCA2383/1994

Article 49, read ex facie, does not cover the present dispute between the Association and the member because it contemplates disputes within the Rules between members; therefore there is no arbitration agreement applicable to this dispute and the summons for a stay is dismissed; even if there were an arguable arbitration agreement, the court would have exercised its discretion against granting a stay on the facts.
13 May 1994

H. SMAL LIMITED v. GOLDROYCE GARMENT LIMITED

Citation

H. SMAL LIMITED v. GOLDROYCE GARMENT LIMITED
Court

Court of First Instance
Case number

HCMP908/1994

The plaintiff failed to establish a written arbitration agreement as required by Article 7 of the Model Law (no document signed by the defendant nor any contemporaneous written record of assent); hearsay evidence was inadequate to supply the required written record, so the court would not appoint an arbitrator and refused to exercise its discretion to do so.