Hong Kong Case Law: Decisions & Judgments

Topic

Enforceability of arbitration clause

Legal area

Court

15 Jan 2009

ZEBRA INDUSTRIES (OROGENESIS NOVA) LTD v. WAH TONG PAPER PRODUCTS GROUP LTD

Citation

ZEBRA INDUSTRIES (OROGENESIS NOVA) LTD v. WAH TONG PAPER PRODUCTS GROUP LTD
Court

Court of First Instance
Case number

HCMP2044/2008

Leave to appeal out of time was refused because the nearly four year delay was inordinate, the proposed appeal lacked reasonable prospects of success given the enforceability of the arbitration clause, the plaintiff's new arguments were raised too late and barely arguable, and allowing the late appeal would prejudice the defendant.
24 Aug 2007

MECHTLER (FAR EAST) LTD v. ELEGANT INTERIORS CONTRACTING CO LTD

Citation

MECHTLER (FAR EAST) LTD v. ELEGANT INTERIORS CONTRACTING CO LTD
Court

District Court
Case number

DCCJ1965/2007

The purchase order expressly subjected acceptance to the Letter of Intent which required entry into the nominated subcontract; the nominated subcontract contained a written and operative arbitration clause (clause 22) which covered the disputes in issue; the arbitration agreement was valid and applicable and therefore the court must stay proceedings under section 6 of the Arbitration Ordinance and refer the parties to arbitration.
7 Dec 1999

GRAND EMPIRE HOLDINGS LTD. v. MARCO INTERNATIONAL (HK) LTD.

Citation

GRAND EMPIRE HOLDINGS LTD. v. MARCO INTERNATIONAL (HK) LTD.
Court

Court of First Instance
Case number

HCA14891/1999

Application for cross-examination under Order 38 r.2 refused because no special or exceptional circumstances were shown; permitting cross-examination would cause delay and expense, would force the judge to make credibility findings on core issues which properly belong to the full forum (arbitration or trial), and therefore it was not necessary in the interests of justice to order cross-examination at interlocutory stage.
29 Jul 1999

YUEN FUNG DEVELOPMENT LTD. v. QBE INSURANCE (HONG KONG) LTD.

Citation

YUEN FUNG DEVELOPMENT LTD. v. QBE INSURANCE (HONG KONG) LTD.
Court

Court of First Instance
Case number

HCA7477/1999

Section 15(2)(b) must be read as referring to 'contract', and because Schedule 1 expressly excludes contracts of insurance from the operation of sections 7,8 and 9, s.15(1) does not render arbitration clauses in insurance contracts unenforceable; accordingly the arbitration clause in the policy was enforceable and a stay to arbitration was ordered under Arbitration Ordinance s.6.

Hong Kong Case Law

ZEBRA INDUSTRIES (OROGENESIS NOVA) LTD v. WAH TONG PAPER PRODUCTS GROUP LTD

MECHTLER (FAR EAST) LTD v. ELEGANT INTERIORS CONTRACTING CO LTD

GRAND EMPIRE HOLDINGS LTD. v. MARCO INTERNATIONAL (HK) LTD.

YUEN FUNG DEVELOPMENT LTD. v. QBE INSURANCE (HONG KONG) LTD.