7 Oct 2005
CARRIER HONG KONG LTD v. DICKSON CONSTRUCTION CO LTD
- Citation
- CARRIER HONG KONG LTD v. DICKSON CONSTRUCTION CO LTD
- Court
- Court of First Instance
- Case number
- HCCT11/2005
On the facts this court preferred the evidence that Carrier agreed the $33,000,000 price by telephone in early May 2002; the parties intended to be bound and incorporated the standard form blue sub‑contract containing clause 18.2 (written arbitration agreement); outstanding items (e.g. BQ/variation valuation) were non‑essential and did not prevent formation; "subject to contract" was conditional on ASD's award and did not prevent a binding agreement; commencement and six months' performance corroborated contract — therefore the arbitrator had jurisdiction and the partial award was correct.