Hong Kong Case Law: Decisions & Judgments

Topic

Arbitration clause enforceability

Legal area

Court

28 Jun 2018

LEUNG KWOK HUNG t/a KAISER (M&E) DECORATION ENGINEERING CO v. JOHNSON CONTROLS HONG KONG LTD

Citation

[2018] HKCFI 1500
Court

Court of First Instance
Case number

HCCT56/2017

The arbitration clause is widely drafted and covers the present dispute; the arbitration agreement is not rendered inoperative by alleged termination of the subcontract; accordingly the defendant's application for a stay to arbitration under s20 is granted and costs are awarded to the defendant on an indemnity basis.
10 Jan 2018

GRANDOM ASIA HOLDING LTD v. HENRY WAI & CO (a firm)

Citation

[2018] HKCFI 31
Court

Court of First Instance
Case number

HCMP1700/2017

The arbitration clause in the Letters of Appointment is prima facie valid and enforceable; CF and GA were not dealing as consumers for these engagements so CECO s15 does not prevent enforcement; there is no public policy precluding arbitration of solicitor-client fee disputes; accordingly the Court is mandatory bound under s20 of the Arbitration Ordinance to stay these proceedings to arbitration and dismiss the originating summonses, with costs against the plaintiffs on an indemnity basis with certificate for two counsel.
10 Jan 2018

FUNG HING CHIU CYRIL v. HENRY WAI & CO (a firm)

Citation

[2018] HKCFI 31
Court

Court of First Instance
Case number

HCMP1699/2017

The arbitration clause was prima facie valid and covered the disputes over fees and related tort claims; CF and GA were not dealing as consumers for the relevant engagements so CECO s15 did not apply; there is no public policy to preclude arbitration of solicitor-client fee disputes; the Arbitration Ordinance requires the Court to stay proceedings to arbitration under s20 unless the arbitration agreement is null, void or inoperative; accordingly the originating summonses were dismissed and the actions stayed to arbitration, with costs awarded against CF and GA on an indemnity basis with certi…
23 May 2006

FALCON INSURANCE CO (HONG KONG) LTD v. NG KWOK FAI AND ANOTHER

Citation

FALCON INSURANCE CO (HONG KONG) LTD v. NG KWOK FAI AND ANOTHER
Court

Court of First Instance
Case number

HCA2585/2005

The court found that a dispute exists because the guilty plea to a traffic offence does not necessarily establish breach of clause 18(d) or a repudiation of the insurance contract; the 2nd defendant raised a bona fide defence that it took all reasonable steps and reserved rights, so the low threshold for a dispute was met and a mandatory stay in favour of arbitration was granted.
14 Feb 1990

TRANS-MEDICA PHARMA-HANDELSGESELLSCHARFT MBH v. ANANDA PHARMACEUTICALS & CHEMICALS LTD

Citation

TRANS-MEDICA PHARMA-HANDELSGESELLSCHARFT MBH v. ANANDA PHARMACEUTICALS & CHEMICALS LTD
Court

Court of First Instance
Case number

HCCL138/1989

The unsigned sales confirmations were incorporated into the contracts by the parties' course of dealing and by the plaintiff's knowledge and acceptance, and clause 11 therefore constituted a written arbitration agreement within the meaning of the Arbitration Ordinance; the alleged compromise did not remove the availability of arbitration because settlement was not implemented; accordingly a stay of proceedings under the Arbitration Ordinance was ordered.

Hong Kong Case Law

LEUNG KWOK HUNG t/a KAISER (M&E) DECORATION ENGINEERING CO v. JOHNSON CONTROLS HONG KONG LTD

GRANDOM ASIA HOLDING LTD v. HENRY WAI & CO (a firm)

FUNG HING CHIU CYRIL v. HENRY WAI & CO (a firm)

FALCON INSURANCE CO (HONG KONG) LTD v. NG KWOK FAI AND ANOTHER

TRANS-MEDICA PHARMA-HANDELSGESELLSCHARFT MBH v. ANANDA PHARMACEUTICALS & CHEMICALS LTD