24 Nov 1995
TAI HING COTTON MILL LTD v. GLENCORE GRAIN ROTTERDAM BV AND ANOTHER
- Citation
- TAI HING COTTON MILL LTD v. GLENCORE GRAIN ROTTERDAM BV AND ANOTHER
- Court
- Court of Appeal
- Case number
- CACV143/1995
Under Article 8(1) of the UNCITRAL Model Law (Fifth Schedule) a defendant's non‑admission of a claim constitutes a 'dispute' and the court must stay proceedings and refer the matter to arbitration unless the arbitration agreement is null and void, inoperative or incapable of being performed; therefore Findlay J's orders granting injunctive relief and summary judgment should be set aside, the action stayed and the plaintiff's interlocutory summonses dismissed.