4 Mar 2020
OCBC WING HANG BANK LTD v. KAI SEN SHIPPING CO LTD
- Citation
- [2020] HKCFI 375
- Court
- Court of First Instance
- Case number
- HCAJ5/2019
The arbitration clause in the charterparty was not incorporated into the bills of lading: English law governs the arbitration agreement and, under that law, Thomas v Portsea requires express words for incorporation of collateral arbitration clauses into bills of lading; further OCBC's commencement of arbitration was a reservation to preserve limitation rights and did not amount to submission. Accordingly the stay was refused and the Hong Kong court retains jurisdiction.