Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Model law article 8 stay

Legal area

Court

15 Aug 2007

WONG KING CHUEN AND ANOTHER v. THE HONG KONG FOOTBALL ASSOCIATION LTD

Citation

WONG KING CHUEN AND ANOTHER v. THE HONG KONG FOOTBALL ASSOCIATION LTD
Court

Court of First Instance
Case number

HCA1333/2007

Articles 65–67 of the defendant's articles of association constituted a valid and binding arbitration agreement despite the arbitration tribunal not yet being constituted; under Article 8 of the Model Law the court must therefore stay the action and refer the disputes to arbitration because the agreement is not null, void, inoperative or incapable of being performed.
31 Mar 1994

JOONG AND SHIPPING CO. LIMITED v. CHOI CHONG-SICK AND ANOTHER

Citation

JOONG AND SHIPPING CO. LIMITED v. CHOI CHONG-SICK AND ANOTHER
Court

Court of First Instance
Case number

HCA1356/1994

The defendant's correspondence contained unequivocal admissions as to both liability and quantum for demurrage and freight, so there was no dispute within the meaning of Article 8 of the Model Law to refer to arbitration; consequently the court dismissed the application for a stay and entered summary judgment for the plaintiff.