6 Dec 2001
WAN CHUNG CONSTRUCTION COMPANY LTD v. WAN CHUNG CONSTRUCTION COMPANY LTD & ANOTHER
- Citation
- WAN CHUNG CONSTRUCTION COMPANY LTD v. WAN CHUNG CONSTRUCTION COMPANY LTD & ANOTHER
- Court
- Court of First Instance
- Case number
- HCCT43/2001
The court held that Article 8 and s.6 Cap.341 mandate a stay to arbitration for claims within the arbitration clause and that s.26(2)/(3) does not permit nullifying the arbitration agreement in respect of claims that do not raise the question of fraud unless nullification of part or all of the agreement is necessary to enable the court to determine the fraud issue. The court found it was not necessary here and therefore granted a stay of all proceedings against the University to arbitration.