4 Jun 1996
RE MECH-POWER HONG KONG-CHINA LTD
- Citation
- RE MECH-POWER HONG KONG-CHINA LTD
- Court
- Court of First Instance
- Case number
- HCCW281/1995
The stay application was refused because (1) a winding up petition is not an 'action' within Article 8(1) and concerns matters (winding up) that are not properly the subject of arbitration under the contract, and (2) the opposing party had already filed a substantive affirmation constituting a 'first statement on the substance of the dispute', so the time to seek referral to arbitration had passed.