Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Validity of arbitration clause under prc law

Legal area

Court

14 Jul 2011

KLÖCKNER PENTAPLAST GMBH & CO KG v. ADVANCE TECHNOLOGY (HK) CO LTD

Citation

KLÖCKNER PENTAPLAST GMBH & CO KG v. ADVANCE TECHNOLOGY (HK) CO LTD
Court

Court of First Instance
Case number

HCA1526/2010

The court held the disputes over the sale of KP cards and capsule films fell within the MoU arbitration clause; the parties' express choice that "all of the obligations" be governed by German law together with the requirement that the third arbitrator be admitted to practice in Germany meant the lex arbitri was German law; no evidence suggested German law invalidated the clause, so the arbitration agreement was valid and a stay of the Hong Kong proceedings was granted.
27 Jul 1999

HONEYWELL LTD. v. ALPHA-PROSPERITY TECHNIQUE LTD.

Citation

HONEYWELL LTD. v. ALPHA-PROSPERITY TECHNIQUE LTD.
Court

Court of First Instance
Case number

HCA17690/1998

The arbitration clause, although imperfectly drafted, is a valid arbitration agreement and intended to refer disputes to the China arbitration body named, but the defendant expressly abandoned any contention of a good defence on the merits; because the defendant failed to demonstrate a defence with a real prospect of success the court declined to exercise its discretion under Order 13, rule 9 to set aside the default judgment and dismissed the application.