9 Sept 2011
KLÖCKNER PENTAPLAST GMBH & CO KG v. ADVANCE TECHNOLOGY (HK) CO LTD
- Citation
- KLÖCKNER PENTAPLAST GMBH & CO KG v. ADVANCE TECHNOLOGY (HK) CO LTD
- Court
- Court of First Instance
- Case number
- HCA1526/2010
Leave to appeal and a stay of arbitration were refused because the applicant failed to show a reasonable prospect of success: the MoU's express choice that the contract in its entirety be governed by German law (together with the arbitration clause's requirement for a German-law arbitrator and the placement of clauses under one heading) establishes German law as the proper law of the arbitration agreement, PRC Article 58 does not displace that express choice, and the arbitration clause on its proper construction covers the dispute; therefore no arguable case for appeal exists.