1 Nov 2019
SIT KWONG LAM v. PETROLIMEX SINGAPORE PTE. LTD
- Citation
- [2019] HKCA 1220
- Court
- Court of Appeal
- Case number
- CACV215/2019
Clause 4 of the PG Addendum referred to an arbitration clause in the Personal Guarantee which did not exist; the wording is unambiguous and, read in context with the Personal Guarantee (which contains Hong Kong governing law and an exclusive Hong Kong jurisdiction clause), the only sensible correction is to treat the reference to "including the arbitration clause" as a clerical mistake and delete it; accordingly no arbitration clause from the Settlement Agreement was incorporated and the appeal fails (discretion to stay/dismiss not engaged).