Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Uncitral model law interpretation

Legal area

Court

2 Jul 2003

NIPPON KOKAN KOJI KABUSHIKI KAISHA v. KENON ENGINEERING LTD

Citation

NIPPON KOKAN KOJI KABUSHIKI KAISHA v. KENON ENGINEERING LTD
Court

Court of First Instance
Case number

HCA3973/2002

Clause 21.1 is ambiguous and, construed in context, is a mediation clause and not an arbitration clause; there is no valid arbitration agreement obliging Kenon to refer the disputes to arbitration; therefore the court will not stay the proceedings to arbitration and grants Kenon's declaration; NK3's stay applications are dismissed.
23 Oct 2000

HERCULES DATA COMM. CO. LTD. v. KOYWA COMMUNICATIONS LTD.

Citation

HERCULES DATA COMM. CO. LTD. v. KOYWA COMMUNICATIONS LTD.
Court

Court of First Instance
Case number

HCA4627/2000

The written agreement's clear "totally back-to-back" wording incorporated the main contract including its arbitration clause; the defendant did not admit the plaintiff's claim so a dispute exists within the arbitration clause; accordingly, under the Model Law and binding authorities the court must stay proceedings pending arbitration unless the clause is shown to be null, void or inoperative, which was not established.