8 Apr 2022
SILVER KING CHINA LTD v. HUY YUN SHIU AND OTHERS
- Citation
- [2022] HKDC 301
- Court
- District Court
- Case number
- DCCJ3960/2021
Clause 16 of the DMC is prima facie an arbitration agreement covering the disputes between the plaintiff and all defendants including the management company as agent of the incorporated owners; the requirements of s.20(1) AO are satisfied; Clause 16 is not incapable of being performed; public law/HKBORO arguments fail because HKBORO does not bind private parties; procedural irregularity was cured by amendment and in any event did not nullify the application; accordingly the court must refer the matters to arbitration and stay the proceedings and award indemnity costs to defendants.