8 Mar 2012
LIN MING AND ANOTHER v. CHEN SHU QUAN AND OTHERS
- Citation
- LIN MING AND ANOTHER v. CHEN SHU QUAN AND OTHERS
- Court
- Court of First Instance
- Case number
- HCA1900/2011
The Court found a prima facie valid arbitration agreement existed between the 1st plaintiff and the 27th and 28th defendants (the 27th having assumed the 28th's rights), held that section 20 Arbitration Ordinance (Article 8 Model Law) requires mandatory referral to arbitration and a stay of the court proceedings against those defendants, and dismissed the 1st plaintiff's injunction application because the stringent criteria for restraining arbitration were not satisfied and exercising the discretion to injunct would cause injustice and undermine the Arbitration Ordinance.