17 Mar 2004
LEGEND INTERIORS LTD v. WING MOU ENGINEERING LTD AND ANOTHER
- Citation
- LEGEND INTERIORS LTD v. WING MOU ENGINEERING LTD AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCCT15/2004
The court held GC‑35 was incorporated into the Sub‑Contract by express incorporation of the Conditions of Tender (Clause 20(d)) which themselves incorporated the General Conditions including GC‑35; AO s.2AC(3)(b) supports reading a reference to a document as importing an arbitration clause even where incorporation is via an intermediate document; accordingly the action against Wing Mou is stayed to arbitration and the Employment Ordinance reimbursement claim falls within the arbitration agreement, but proceedings against Siu are not stayed because he is not party to the arbitration agreement…