19 Sept 2025
MIKE GHIAS AND ANOTHER v. SIRNAOMICS LTD AND ANOTHER
- Citation
- [2025] HKCFI 4284
- Court
- Court of First Instance
- Case number
- HCMP41/2025
The court found that the true substance of the Petitioners' dispute is enforcement and removal of the Restrictive Legend which, on a prima facie assessment, was imposed pursuant to Clause 6.7 of the Members' Agreement; because that matter is contractually within the arbitration clause of the Members' Agreement and the Petitioners' pleading sought to avoid arbitration, the proceedings must be stayed under s.20 Arbitration Ordinance in favour of arbitration; the Members' Agreement (not the Share Exchange Agreement) provides the operative basis for referral to arbitration.