14 Feb 1990
TRANS-MEDICA PHARMA-HANDELSGESELLSCHARFT MBH v. ANANDA PHARMACEUTICALS & CHEMICALS LTD
- Citation
- TRANS-MEDICA PHARMA-HANDELSGESELLSCHARFT MBH v. ANANDA PHARMACEUTICALS & CHEMICALS LTD
- Court
- Court of First Instance
- Case number
- HCCL138/1989
The unsigned sales confirmations were incorporated into the contracts by the parties' course of dealing and by the plaintiff's knowledge and acceptance, and clause 11 therefore constituted a written arbitration agreement within the meaning of the Arbitration Ordinance; the alleged compromise did not remove the availability of arbitration because settlement was not implemented; accordingly a stay of proceedings under the Arbitration Ordinance was ordered.