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
- HCA1300/2019
The court accepted the defendants' PRC expert evidence that Article 34 treats the place of signing as a statutorily connected forum and that the EPA's clause conferred exclusive jurisdiction on the People’s Court of Pudong New District, Shanghai; the court held the stay should be granted because the exclusivity was valid, there were not sufficiently strong reasons to displace the parties' bargain (lack of a credible defence alone is not sufficient), and the defendants had not unequivocally submitted to Hong Kong jurisdiction because their inspection and consolidation steps were procedural and…