6 Apr 1995
JIANGXI PROVINCIAL METAL AND MINERALS IMPORT AND EXPORT CORPORATION v. SULANSER CO. LTD.
- Citation
- JIANGXI PROVINCIAL METAL AND MINERALS IMPORT AND EXPORT CORPORATION v. SULANSER CO. LTD.
- Court
- Court of First Instance
- Case number
- HCMP887/1994
The court held that the unsigned written record together with the defendant's letters and defence to the Wuhan Admiralty Court constituted a written arbitration agreement for s43 purposes, the defendant submitted to CIETAC and litigated the merits so is estopped from challenging validity under Chinese law, and none of the s44 grounds for refusing enforcement applied; accordingly the application to set aside was dismissed and the enforcement order upheld.