Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Acceptance of tender

Legal area

Court

9 Mar 2016

CHEE CHEUNG HING & CO LTD v. ZHONG RONG INTERNATIONAL (GROUP) LTD

Citation

CHEE CHEUNG HING & CO LTD v. ZHONG RONG INTERNATIONAL (GROUP) LTD
Court

Court of First Instance
Case number

HCA1454/2015

The court found there was a prima facie and plainly arguable case that a binding arbitration agreement existed because the Letter of Intent together with the Tender and the parties' subsequent conduct (performance under the Main Contract terms from April 2012 to May 2015) indicated acceptance and intention to be bound; accordingly, under s20 the court must stay the proceedings and refer the dispute to arbitration.
9 Apr 1997

MILLION UNITY INTERNATIONAL LTD v. PACIFIC SOUTH (ASIA) HOLDINGS LTD.

Citation

MILLION UNITY INTERNATIONAL LTD v. PACIFIC SOUTH (ASIA) HOLDINGS LTD.
Court

Court of First Instance
Case number

HCMP4457/1996

Defendant could not validly rescind because it failed to make a specific contemporaneous objection to the quality of the tender; it retained the cheque while approving and executing the formal agreement without raising the issue in terms that would have allowed the plaintiff to remedy it; therefore the tender was treated as valid and rescission was not available.