26 Aug 2021
KINLI CIVIL ENGINEERING LTD v. GEOTECH ENGINEERING LTD
- Citation
- [2021] HKCFI 2503
- Court
- Court of First Instance
- Case number
- HCA2141/2020
Defendant established a prima facie arbitration agreement within the subcontract and the disputes fall within its scope; although the clause uses permissive language and contains a proviso delaying arbitration until completion/termination, it is arguable that one party's election to arbitrate renders arbitration binding and questions about timing/conditions are matters for the arbitral tribunal; accordingly the stay application is granted and costs awarded to the applicant on an indemnity basis.