16 Feb 2023
LI WENJUN v. CHEN CHUNHUI AND ANOTHER
- Citation
- [2023] HKCFI 405
- Court
- Court of First Instance
- Case number
- HCA1151/2021
The court construed Clause 14.1 under PRC law as limited to disputes arising from a party's failure to perform contractual obligations and held tortious claims in this action fall outside the Clause; the defendant failed to establish a prima facie case that the dispute is arbitrable under the Clause and, in any event, waived the right to arbitrate by conduct (defending on the merits, applying for and agreeing security for costs, and not objecting to the amendment), so the stay under s.20 was refused.