3 Oct 2006
XU YI HONG v. CHEN MING HAN AND OTHERS
- Citation
- XU YI HONG v. CHEN MING HAN AND OTHERS
- Court
- Court of First Instance
- Case number
- HCA1109/2005
The court found the Rights Transfer Agreement, Joint Venture Agreement, Supplemental Agreement and Undertaking Letter constitute a single composite agreement; Clause 9 is an enforceable arbitration agreement not rescinded by subsequent agreements, binding on all defendants including the 4th defendant; the tortious claim is within the ambit of the arbitration clause under the close connection test; accordingly the proceedings are stayed under section 6 of the Arbitration Ordinance and the dispute referred to arbitration by the Xiamen Arbitration Commission, with costs nisi for the defendants.