Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Exclusive vs non-exclusive jurisdiction clause

Legal area

Court

19 Jan 2023

CHINA RAILWAY (HONG KONG) HOLDINGS LTD ALSO KNOWN AS CHINA RAILWAY SERVICES (HONG KONG) LTD v. CHUNG KIN HOLDINGS CO LTD

Citation

[2023] HKCFI 132
Court

Court of First Instance
Case number

HCA434/2022

The 21 Jan 1999 Repayment Agreement's jurisdiction clause governs the dispute as the latest amendment within the single Debt Agreement; the governing law of that clause is Hong Kong law (the Initial Agreement's express choice governs by implication); the clause is non-exclusive on its proper construction; the Defendant failed to show Wuhan is clearly and distinctly the more appropriate forum; accordingly the stay application is dismissed.
19 Sept 2012

RICH VILLAGE LTD v. GRAND PRIDE HOLDINGS LTD AND ANOTHER

Citation

RICH VILLAGE LTD v. GRAND PRIDE HOLDINGS LTD AND ANOTHER
Court

Court of First Instance
Case number

HCA867/2012

Leave to appeal was granted because the appeal was more than arguable and the construction was not obvious; the stay was refused because expedition and the plaintiff's undertaking justified parallel trial preparation; the costs order nisi was varied to make one-third of the hearing costs costs in the cause, reflecting the limited issues argued at the injunction hearing.