18 Aug 1994
ASTEL - PEINIGER JOINT VENTURE v. ARGOS ENGINEERING & HEAVY INDUSTRIES CO. LTD.
- Citation
- ASTEL - PEINIGER JOINT VENTURE v. ARGOS ENGINEERING & HEAVY INDUSTRIES CO. LTD.
- Court
- Court of First Instance
- Case number
- HCCT14/1994
Article 7(2) of the Model Law permits incorporation of an arbitration clause by reference to a document containing that clause even if that document is not between the same parties; applying standard principles of contractual construction to the actual words and factual matrix, the court found the sub-sub-contract's back-to-back and proportional wording made Clause 31 of the assembly sub-contract part of the sub-sub-contract (with necessary modifications), therefore an arbitration agreement existed and a stay under Article 8 was required.