15 Jul 2020
BOND TAK (HOLDINGS) LTD v. KING FAME TRADING LTD
- Citation
- [2020] HKCFI 1509
- Court
- Court of First Instance
- Case number
- HCA2129/2018
The Settlement Agreement contained an unequivocal Jurisdiction Clause covering any disputes arising from the Project and, by its express clause that it prevailed over prior agreements, superseded the earlier Arbitration Clause; on the uncontroverted expert evidence under Mainland Chinese law the Jurisdiction Clause constitutes an exclusive jurisdiction in favour of Hong Kong courts, so the defendant failed to show a prima facie case that the arbitration clause remained binding and the summons to stay or refer was dismissed.