14 Aug 2020
ATKINS CHINA LTD v. CHINA STATE CONSTRUCTION ENGINEERING (HONG KONG) LTD
- Citation
- [2020] HKCFI 2092
- Court
- Court of First Instance
- Case number
- HCMP1193/2020
The court found a serious issue to be tried that the Settlement Agreement may have extinguished the right to arbitrate, but refused to grant the interim injunction ex parte on notice because the plaintiff had not shown sufficient urgency to deprive the defendant of an inter partes hearing; the matter was adjourned for inter partes determination and the defendant permitted to file opposition; disputes on validity/effect of the Settlement Agreement may properly be determined by the court rather than an arbitrator.