6 Sept 2022
MICE ENGINEERING LTD v. JOHNSON CONTROLS HONG KONG LTD
- Citation
- [2022] HKCFI 2768
- Court
- Court of First Instance
- Case number
- HCA1748/2021
The Letter of Intent expressly incorporated the Subcontract and its Terms and Conditions including the wide arbitration clause; the clause is capable of covering Additional Works (Sums 1 and 2) and therefore disputes concerning those sums fall within the arbitration agreement; the Defendant’s email did not constitute a clear and unequivocal admission of liability or quantum for Sum 1, so a real dispute remained; accordingly, under s20(1) Arbitration Ordinance the court must stay the action and refer the parties to arbitration.