23 Apr 2003
PACIFIC CROWN ENGINEERING LTD v. HYUNDAI ENGINEERING & CONSTRUCTION CO LTD
- Citation
- PACIFIC CROWN ENGINEERING LTD v. HYUNDAI ENGINEERING & CONSTRUCTION CO LTD
- Court
- Court of First Instance
- Case number
- HCCT83/2002
The court must apply a prima facie or plainly arguable test to determine whether an arbitration agreement exists; the onus is on the party seeking the stay to demonstrate a prima facie case that the parties were bound by an arbitration clause; where that threshold is met the court must grant a stay and leave the final determination to the arbitrator. In this case the defendant met the threshold and the stay was granted.