28 Oct 2021
SHANGHAI GOPHER ASSET MANAGEMENT CO LTD v. CHINA BASE GROUP LTD AND ANOTHER
- Citation
- [2021] HKCFI 3216
- Court
- Court of First Instance
- Case number
- HCA1299/2019
The court accepted the defendants’ PRC expert interpretation that Article 34 CPL treats the place of signing as a valid statutory basis for jurisdiction and that clause 11.2 conferred exclusive jurisdiction on the People’s Court of Pudong New District, Shanghai; the Euromark line requires truly exceptional or unforeseeable circumstances to displace an exclusive choice of court and the plaintiff’s complaints about the credibility of the defence did not meet that threshold; the defendants’ procedural steps were taken with reservations and did not constitute unequivocal submission to Hong Kong j…