9 Mar 1993
China National Electronics Import & Export Shenzhen Co. v. Choi Chuk Ming t/a Erwo Enterprise Company
- Citation
- China National Electronics Import & Export Shenzhen Co. v. Choi Chuk Ming t/a Erwo Enterprise Company
- Court
- Court of First Instance
- Case number
- HCA5964/1992
The court found the two arbitration agreements satisfied the Model Law writing/signature requirement because the documents bore writing on both sides and were chopped; there was strong evidence the defendant authorised the plaintiff's agent to sign and chop agreements. The court found insufficient evidence that the plaintiff's Hong Kong claim encompassed the counterclaim or that the plaintiff had submitted to the Hong Kong court on the matters in dispute. Consequently, under the mandatory terms of Model Law Article 8, the court had no discretion and granted a stay of the counterclaim.