28 Apr 2023
FALCON INSURANCE COMPANY (HONG KONG) LTD v. BING LEE CRANE-LORRY TRANSPORTATION CO LTD AND ANOTHER
- Citation
- [2023] HKCFI 1129
- Court
- Court of First Instance
- Case number
- HCMP1063/2022
The court granted a stay because all four statutory questions were satisfied: the policy contained a valid arbitration agreement; the arbitration clause was not inoperative or incapable of performance despite s.10(3) relief being reserved to the court; there was a real dispute between Falcon and Bing Lee about the policy's validity and the Deemed Waiver; and the dispute fell within the wide ambit of the Arbitration Clause. Accordingly the matters between Falcon and Bing Lee were ordered to arbitration and other related claims stayed pending its outcome.