Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Ouster of jurisdiction

Legal area

Court

30 May 2016

HO MING PUI ANDY v. MIDLAND REALTY (STRATEGIC) LTD

Citation

HO MING PUI ANDY v. MIDLAND REALTY (STRATEGIC) LTD
Court

Court of First Instance
Case number

HCA1699/2012

Clause 2.3 operates as a valid conclusive evidence clause and does not oust the court's jurisdiction; therefore the opposed sentence in the amended reply was not necessary for fairly disposing of the action and permission to amend was properly refused on appeal.
25 Feb 2005

HYUNDAI ENGINEERING AND CONSTRUCTION CO LTD v. VIGOUR LTD

Citation

HYUNDAI ENGINEERING AND CONSTRUCTION CO LTD v. VIGOUR LTD
Court

Court of Appeal
Case number

CACV128/2004

The March 28 2003 agreement was in important respects uncertain and unenforceable because it amounted to an agreement to negotiate/agree and to mediate without sufficiently precise, objective procedures or identified decision-makers; accordingly it could not validly bar recourse to courts or arbitration, and declarations that the defendant repudiated the agreement and that the plaintiff was thereby entitled to pursue arbitration could not stand.