14 May 2010
LING YAN TEMPLE LTD v. NG YOOK MAN AND OTHERS
- Citation
- LING YAN TEMPLE LTD v. NG YOOK MAN AND OTHERS
- Court
- Court of First Instance
- Case number
- HCA2574/2009
The court granted a stay and referred the dispute to arbitration because ALA established a prima facie, plainly arguable case that an arbitration agreement governed the parties: the continuation of the same individual (Mr Albert Liu) and services after the predecessor entity dissolved meant the contractual terms, including the arbitration clause, were arguably continued; payment and later signed correspondence referring back to earlier letters reinforced acceptance by conduct. The question of actual existence of a binding arbitration agreement is for the arbitrator to decide.