7 Apr 1997
ORIENMET MINERALS CO LTD v. WINNER DESIRE LTD
- Citation
- ORIENMET MINERALS CO LTD v. WINNER DESIRE LTD
- Court
- Court of First Instance
- Case number
- HCA14689/1996
The clause is a valid arbitration agreement construed to require arbitration under Hong Kong law; the arbitration is international because substantial contractual obligations were to be performed in China; under Article 16 the tribunal has competence to rule on its jurisdiction including the contract's existence; accordingly the court must grant a stay and refer the dispute to arbitration under Article 8 of the Model Law.