18 Feb 2021
AB v. CD
- Citation
- [2021] HKCFI 327
- Court
- Court of First Instance
- Case number
- HCCT27/2020
The court found AB Engineering is a separate legal entity from AB Bureau and therefore was not a party to the Agreement or bound by its arbitration clause; Procedural Order No 2 effecting an amendment to treat the respondent as AB Engineering did not cure the absence of a proper arbitration agreement or proper notice to AB Engineering; accordingly the tribunal lacked jurisdiction and the Award was set aside under Article 34(2)(a)(i) and (ii); estoppel did not apply because AB Engineering did not participate and there was no clear unequivocal representation of submission to the arbitration.