12 May 1983
LENKA INVESTMENTS LTD AND ANOTHER v. CHEUNG KONG (HOLDINGS) LTD AND ANOTHER
- Citation
- LENKA INVESTMENTS LTD AND ANOTHER v. CHEUNG KONG (HOLDINGS) LTD AND ANOTHER
- Court
- Court of Appeal
- Case number
- CACV42/1983
Appeal dismissed: an injunction restraining institution of proceedings within Hong Kong cannot be granted merely because an arbitration clause exists; appellants failed to show prima facie that the proposed actions would be bound to fail or constitute an abuse of process, and the proper remedy for disputes covered by an arbitration clause is an application under s.6 of the Arbitration Ordinance; American Cyanamid balance of convenience is inapplicable to restraints on institution of proceedings.