Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Joint venture takeover
  • 17 May 2021

    RE HSIN CHONG CONSTRUCTION CO LTD

    Citation
    [2021] HKCFI 1295
    Court
    Court of First Instance
    Case number
    HCCW239/2018

    The Court granted a stay because the validity of the Takeover Notice and related disputes are within the scope of the JVA's arbitration clause and are properly for the arbitrator to decide; exercising its case management and inherent jurisdiction, and applying the balance of convenience and fairness, the Court held that proceeding on those parts of the summons would usurp the arbitrator and waste resources, and therefore paras 1, 1A, 2, 3, 4, 4A and 4B of the Yau Lee Summons were stayed pending final determination of the arbitration; payments agreeable to both parties may be made by consent b…