10 May 2022
H v. G
- Citation
- [2022] HKCFI 1327
- Court
- Court of First Instance
- Case number
- HCCT71/2021
The Court held that Clause 11 of the Warranty is a specific, deliberate and effective carve-out from the general arbitration clause in Clause 35 of the Building Contract; the parties anticipated a third-party subcontractor warrantor and chose a different dispute resolution mechanism for warranty claims, which displaced the Fiona Trust presumption; accordingly the arbitral tribunal lacked jurisdiction over claims under the Warranty and its determination was set aside.