25 May 1994
PEARL RIVER CONTAINER TRANSPORTATION LTD. v. GREENWOOD LTD.
- Citation
- PEARL RIVER CONTAINER TRANSPORTATION LTD. v. GREENWOOD LTD.
- Court
- Court of Appeal
- Case number
- CACV27/1994
The Court dismissed the appeal and affirmed the refusal to stay: the 1st defendant failed to show that any other available forum in the PRC was clearly or distinctly more appropriate than Hong Kong, in part because it did not identify the specific PRC court or demonstrate an arbitration agreement; service in Hong Kong on a Part XI branch and the plaintiff's founded jurisdiction meant the burden remained on the defendant and was not discharged.