Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Nominated sub-contracts
  • 20 Mar 2023

    A v. C

    Citation
    [2023] HKCFI 804
    Court
    Court of First Instance
    Case number
    HCCT16/2022

    The court found there was a plainly arguable prima facie arbitration agreement because the Letter of Acceptance incorporated the Plaintiff's Form of Tender (which accepted Main Contract Conditions insofar as they refer to the Subcontractor) as contract correspondence and the Main Contract definition of 'Contractor' includes Nominated Domestic Sub-Contractors; parts of Clause 41 are capable of being performed or severed to give effect to the parties' intention to arbitrate; accordingly the stay to arbitration was granted and jurisdictional issues are for the arbitral tribunal to decide.