Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Declaration to compel arbitration

Legal area

Court

9 Dec 1981

SING TAO NEWSPAPERS LTD v. HONG HUA MACHINERY WORKS LTD

Citation

SING TAO NEWSPAPERS LTD v. HONG HUA MACHINERY WORKS LTD
Court

Court of Appeal
Case number

CACV69/1981

The Court of Appeal allowed the appeal, holding that the trial judge erred in applying a balance of convenience test after the Californian court had stayed proceedings; procedural steps taken by Sing Tao in California were protective and did not amount to waiver or election to abandon arbitration; there was no sufficient risk of conflicting decisions to justify denying arbitration; therefore disputes under the Sales Agreement and Printing Agreement must be arbitrated in Hong Kong in accordance with Hong Kong law.
8 May 1981

RE SING TAO NEWSPAPERS LTD

Citation

RE SING TAO NEWSPAPERS LTD
Court

Court of First Instance
Case number

HCMP792/1980

The court will order arbitration to proceed only absent a showing of strong cause on a balance of convenience by the party opposing arbitration; on the facts Hong Hua demonstrated strong cause — Sing Tao had taken substantive steps in California litigation, the bulk of evidence and parties were in California, there was a serious risk of inconsistent findings and multiplicity of proceedings — therefore the declarations seeking arbitration were refused, while the ancillary declaratory point about the identity of the Law Society officer was granted.