21 Sept 2021
L v. M N AND ANOTHER
- Citation
- [2021] HKCFI 2829
- Court
- Court of First Instance
- Case number
- HCCT6/2021
The 2nd Defendant discharged the limited onus to establish a prima facie arbitration agreement covering the Plaintiff's claims; the correspondence did not demonstrate a clear, unambiguous mutual intention to abandon the arbitration clause. Accordingly the court must stay the action against the 2nd Defendant under s20 and leave questions of jurisdiction and compliance with the contractual dispute procedure to the arbitral tribunal. A case management stay against the 1st Defendant was justified because the 1st Defendant gave a written undertaking to be bound by the arbitration outcome, removing…