Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Stay of court proceedings in favour of arbitration

  • 29 Dec 2021

    T v. B

    Citation
    [2021] HKCFI 3645
    Court
    Court of First Instance
    Case number
    HCCT13/2021

    Prematurity or non-compliance with contractual pre-arbitration conditions (including absence of a completion certificate under Clause 31) is a matter of admissibility not a true jurisdictional challenge; therefore the Arbitrator's Interim Award on prematurity was not reviewable under section 81/Article 34 and the Set Aside Application fails; accordingly the Court granted the Defendant's application to stay the writ action in favour of arbitration and dismissed the Plaintiff's set aside application; Clause 31 is not invalid as inherently contrary to public policy for producing a potential limi…

    • Set aside of arbitral award
    • Jurisdiction vs admissibility
    • Stay of court proceedings in favour of arbitration
    • Arbitration clause construction
    • Limitation defence
    • Basic law access to courts

  • 30 May 2019

    DICKSON HOLDINGS ENTERPRISE CO LTD v. MORAVIA CV AND OTHERS

    Citation
    [2019] HKCFI 1424
    Court
    Court of First Instance
    Case number
    HCMP2665/2017

    Petitioner was not to be struck out for lack of standing because the forfeiture was the conduct complained of; and the respondents failed to show, even prima facie, that the substance of the forfeiture dispute fell within the arbitration clause because the dispute principally concerned company articles and directors' duties rather than rights under the shareholders' agreement, so the stay application was dismissed.

    • Unfair prejudice
    • Share forfeiture
    • Standing/locus
    • Arbitration clause interpretation
    • Stay of court proceedings in favour of arbitration

  • 28 Apr 2008

    PAQUITO LIMA BUTON v. RAINBOW JOY SHIPPING LTD INC

    Citation
    PAQUITO LIMA BUTON v. RAINBOW JOY SHIPPING LTD INC
    Court
    Court of Final Appeal
    Case number
    FACV26/2007

    There was no arbitration agreement binding the parties because the Philippine contract was not the operative employment contract (it was inconsistent with and superseded by the Hong Kong crew agreement/Collective Agreement and did not satisfy MS(S)O s80), and in any event ECO s18A(1) confers exclusive jurisdiction on the District Court to determine ECO claims so ECO proceedings cannot be stayed in favour of arbitration.

    • Exclusive jurisdiction under employees' compensation ordinance s18a(1)
    • Validity and scope of arbitration agreement in employment contracts
    • Construction and precedence of competing employment contracts
    • Statutory crew agreement requirements (ms(s)o s80)
    • Stay of court proceedings in favour of arbitration

  • 13 Feb 2004

    NEW SOUND INDUSTRIES LTD v. MELIGA (HK) LTD

    Citation
    NEW SOUND INDUSTRIES LTD v. MELIGA (HK) LTD
    Court
    Court of First Instance
    Case number
    HCA3050/2003

    The court found that the dispute over payment and the performance of the Tripartite Agreement is very closely connected with and arises out of the earlier First and Second Agreements; accordingly the dispute falls within the ambit of the existing wide arbitration clauses and the action must be stayed in favour of arbitration.

    • Scope of arbitration clause
    • Stay of court proceedings in favour of arbitration
    • Construction of contractual arbitration clauses
    • Effect of repudiation on arbitration agreement
    • Tripartite payment/assignment arrangements