Hong Kong Case Law: Decisions & Judgments

Topic

Uncitral model law application

Legal area

Court

25 Jul 2006

GRANDEUR ELECTRICAL CO LTD v. CHEUNG KEE FUNG CHEUNG CONSTRUCTION CO LTD

Citation

GRANDEUR ELECTRICAL CO LTD v. CHEUNG KEE FUNG CHEUNG CONSTRUCTION CO LTD
Court

Court of Appeal
Case number

CACV100/2006

Clause NS11, properly construed, contains an arbitration agreement which, once the Contract Manager states his inability to decide, requires the dispute to be referred to arbitration; consequently the District Court proceedings must be stayed under s.6(1) of the Arbitration Ordinance and any application for extension of time to refer is for the arbitrator to decide.
2 Jul 2004

C.Y. TSUN INVESTMENT CO LTD v. THE INCORPORATED OWNERS OF HOI TO COURT

Citation

C.Y. TSUN INVESTMENT CO LTD v. THE INCORPORATED OWNERS OF HOI TO COURT
Court

Court of First Instance
Case number

HCSA16/2003

Because the Defendant submitted its statement of defence (its first statement on the substance) before requesting referral to arbitration, Article 8(1) and section 6 were not complied with; the Small Claims Tribunal receives no special construction of Article 8(1); the tribunal therefore had no basis to stay the hearing in favour of arbitration and the consent order/adjournment was erroneous and must be set aside; alternatively, if the consent order embodied a contract it was vitiated by a fundamental common mistake of law.
5 Jan 2000

EXECUTIVE SEARCH INTERNATIONAL LTD. v. RAY & BERNDTSON LTD.

Citation

EXECUTIVE SEARCH INTERNATIONAL LTD. v. RAY & BERNDTSON LTD.
Court

Court of First Instance
Case number

HCCL218/1999

The court reluctantly granted a stay under Article 8 but refused the plaintiff's application for interim injunctive relief: statutory interim jurisdiction under section 2GC is properly read as relating to an existing 'particular arbitration proceeding' and absent that the court may only exercise its inherent jurisdiction cautiously; interim relief in support of foreign arbitration requires a high threshold of 'serious and irreparable damage' which the plaintiff failed to prove on these facts.
19 Jan 1998

NG FUNG HONG LTD v. ABC

Citation

NG FUNG HONG LTD v. ABC
Court

Court of First Instance
Case number

HCCT95/1997

Part 1A of the Arbitration Ordinance, including section 2GG, applies only to arbitration proceedings where the place of arbitration is Hong Kong; therefore an award made in mainland China is not enforceable in Hong Kong under section 2GG and the plaintiff's application for leave under that section is dismissed.

Hong Kong Case Law

GRANDEUR ELECTRICAL CO LTD v. CHEUNG KEE FUNG CHEUNG CONSTRUCTION CO LTD

C.Y. TSUN INVESTMENT CO LTD v. THE INCORPORATED OWNERS OF HOI TO COURT

EXECUTIVE SEARCH INTERNATIONAL LTD. v. RAY & BERNDTSON LTD.

NG FUNG HONG LTD v. ABC