18 Nov 2020
T v. W
- Citation
- [2020] HKCFI 2918
- Court
- Court of First Instance
- Case number
- HCA366/2020
Applying Hong Kong authority in CA Pacific, the court held the cheque is a separate contract from the Loan Agreement and there is no clear plain manifestation in the arbitration clause to include claims under the Cheque; the defendant failed to establish a prima facie case that the arbitration agreement covers the cheque claim, therefore the mandatory stay under section 20(1) was refused.