25 Feb 2010
MAINTEK COMPUTER (SUZHOU) CO LTD AND OTHERS v. BLUE ANCHOR LINE AND OTHERS
- Citation
- MAINTEK COMPUTER (SUZHOU) CO LTD AND OTHERS v. BLUE ANCHOR LINE AND OTHERS
- Court
- Court of First Instance
- Case number
- HCAJ106/2008
Service on ECT was valid under Article 5(4) because the packet was voluntarily accepted and the mistaken cover sheet was trivial; clause 3 (nine month limitation) did not begin to run because the goods were never delivered in accordance with the ECB nor made available for collection, so the limitation did not bar the claim; conversion liability did not depend on negligence and ECT had no real prospect of success on liability; clause 7.4.3 arbitration requirement did not apply to the Plaintiffs because it is limited to the defined signatory Parties, therefore no stay to arbitration was granted.