Hong Kong Case Law: Decisions & Judgments

Topic

Arbitration clause enforcement

Legal area

Court

17 May 2021

RE HSIN CHONG CONSTRUCTION CO LTD

Citation

[2021] HKCFI 1295
Court

Court of First Instance
Case number

HCCW239/2018

The Court granted a stay because the validity of the Takeover Notice and related disputes are within the scope of the JVA's arbitration clause and are properly for the arbitrator to decide; exercising its case management and inherent jurisdiction, and applying the balance of convenience and fairness, the Court held that proceeding on those parts of the summons would usurp the arbitrator and waste resources, and therefore paras 1, 1A, 2, 3, 4, 4A and 4B of the Yau Lee Summons were stayed pending final determination of the arbitration; payments agreeable to both parties may be made by consent b…
29 Jan 2010

CHOK YICK INTERIOR DESIGN & ENGINEERING CO. LTD. v. FORTUNE WORLD ENTERPRISES LTD. AND ANOTHER

Citation

CHOK YICK INTERIOR DESIGN & ENGINEERING CO. LTD. v. FORTUNE WORLD ENTERPRISES LTD. AND ANOTHER
Court

Court of First Instance
Case number

HCA280/2009

The court exercised its inherent jurisdiction and case management powers to grant a discretionary stay and refer the consolidated proceedings to arbitration: a claimant's prior commencement of proceedings does not automatically waive an arbitration agreement and is not a bar to a stay where arbitration is the appropriate forum for the issues.
24 Jul 2008

THE INCORPORATED OWNERS OF GO WAH MANSION v. HONGKONG HARDWARE SUPPLIER LTD

Citation

THE INCORPORATED OWNERS OF GO WAH MANSION v. HONGKONG HARDWARE SUPPLIER LTD
Court

District Court
Case number

DCCJ277/2008

The court stayed the proceedings because the Plaintiff's claim is a dispute falling squarely within the arbitration clause of the DMC and there is no clear and unequivocal admission of liability and quantum; under section 6 of the Arbitration Ordinance the court must stay proceedings and refer the dispute to arbitration rather than determine the merits by summary judgment.
27 Jan 1998

DRAGOMAR S.p.A. v. GEOWORKS CONTRACTORS (HK) LTD.

Citation

DRAGOMAR S.p.A. v. GEOWORKS CONTRACTORS (HK) LTD.
Court

Court of First Instance
Case number

HCA5399/1997

The parties adopted the written joint venture agreement by their conduct; the arbitration clause (clause 18) covers any matter not resolved by the Management Board, including the present dispute; accordingly the court must grant a stay of proceedings to allow arbitration.
16 Feb 1996

ORBITEL MOBILE COMMUNICATIONS LIMITED v. NOVATEL COMMUNICATIONS (FAR EAST) LIMITED

Citation

ORBITEL MOBILE COMMUNICATIONS LIMITED v. NOVATEL COMMUNICATIONS (FAR EAST) LIMITED
Court

Court of First Instance
Case number

HCA9014/1995

The arbitration clause is an international arbitration agreement under the Model Law; the defendant had not made clear and unequivocal admissions as to liability and quantum that would displace Article 8; the defendant advanced an arguable set-off case and the services charge fell within the OEM Agreement, therefore the proper course was to stay the court proceedings and refer the entire dispute to arbitration in London under ICC Rules; summary judgment was dismissed and costs were awarded to the defendant.
11 Aug 1992

CHEUNG WING KONG T/A PROFIT EXTEND CO v. MA CHAN SHING T/A WING YICK KNITTING FACTORY

Citation

CHEUNG WING KONG T/A PROFIT EXTEND CO v. MA CHAN SHING T/A WING YICK KNITTING FACTORY
Court

Court of First Instance
Case number

HCA7592/1991

Defendant failed to establish that it was ready and willing at the relevant times to do all things necessary for the proper conduct of the arbitration; substantial delay and lack of cooperation attributable to the defendant justified refusal of the stay in the exercise of the court's discretion, so the s.6 stay was dismissed.
6 Oct 1987

DRAGAGES ET TRAVAUX PUBLICS AND OTHERS v. GLADHOVER LTD AND ANOTHER

Citation

DRAGAGES ET TRAVAUX PUBLICS AND OTHERS v. GLADHOVER LTD AND ANOTHER
Court

Court of Appeal
Case number

CACV119/1987

The 1985 agreement, read objectively and in context, consistently and unambiguously qualified Gladhover's role by the words 'for and on behalf of' NOZESCO, which negatives Gladhover's personal liability; therefore Gladhover was not a contracting party in privity with the Contractors and the order setting aside service for want of jurisdiction was correct and must be upheld.
12 May 1983

LENKA INVESTMENTS LTD AND ANOTHER v. CHEUNG KONG (HOLDINGS) LTD AND ANOTHER

Citation

LENKA INVESTMENTS LTD AND ANOTHER v. CHEUNG KONG (HOLDINGS) LTD AND ANOTHER
Court

Court of Appeal
Case number

CACV42/1983

Appeal dismissed: an injunction restraining institution of proceedings within Hong Kong cannot be granted merely because an arbitration clause exists; appellants failed to show prima facie that the proposed actions would be bound to fail or constitute an abuse of process, and the proper remedy for disputes covered by an arbitration clause is an application under s.6 of the Arbitration Ordinance; American Cyanamid balance of convenience is inapplicable to restraints on institution of proceedings.
10 May 1973

IBM WORLD TRADE CORPORATION v. ANDREW JEAN

Citation

IBM WORLD TRADE CORPORATION v. ANDREW JEAN
Court

Court of First Instance
Case number

HCA312/1973

The dispute fell within the clear and wide arbitration clause and Section 6 of the Arbitration Ordinance leaves no scope for judicial discretion to refuse a stay; therefore the court was obliged to order a stay and refer the matter to arbitration.