26 Nov 2014
SCHINDLER LIFTS (HONG KONG) LTD v. SUI CHONG CONSTRUCTION AND ENGINEERING CO LTD
- Citation
- SCHINDLER LIFTS (HONG KONG) LTD v. SUI CHONG CONSTRUCTION AND ENGINEERING CO LTD
- Court
- District Court
- Case number
- DCCJ2784/2014
The court held that the 'first statement on the substance of the dispute' under Article 8(1) must be made in the action sought to be stayed, and the defendant's defence in separate Small Claims Tribunal proceedings did not preclude a mandatory stay; the arbitration agreement was valid, operative and covered the disputes; accordingly the action was stayed pending arbitration and, alternatively, a discretionary stay would have been granted.