3 Nov 2023
TRIBEST INVESTMENTS LTD v. HOREX LTD AND ANOTHER
- Citation
- [2023] HKDC 1518
- Court
- District Court
- Case number
- DCCJ2021/2022
There is a prima facie or plainly arguable arbitration agreement binding the plaintiff under Clause 15 of the DMC; the dispute between plaintiff and 2nd defendant falls within the ambit of Clause 15; Clause 15 is not shown to be null, inoperative or incapable of being performed; the 2nd defendant did not submit to the court's jurisdiction; accordingly the court must stay proceedings as to the 2nd defendant and refer the matter to arbitration and award costs to the 2nd defendant on an indemnity basis subject to order nisi and summary assessment directions.