Read the full judgment text of CACV 223/2014 on BabelCite. This 高等法院上訴法庭 judgment was delivered on 14 September 2017 before Hon Yuen, Kwan and Chu JJA.
Enforcement of arbitration award — Construction of Master Agreement — Whether arbitration clause governs purchase orders entered prior to Master Agreement — Retrospective effect of contract terms — Conflict clause in Master Agreement prevailing over prior agreements. The applicant, WINGTECH GROUP (HONG KONG) LIMITED, sought enforcement of an arbitral award arising from disputes under five purchase orders made prior to the signing of a Master Agreement with TAT CHUN PRINTED CIRCUIT BOARD COMPANY LIMITED. The Master Agreement contained an arbitration clause. The respondent contested enforcement on grounds that the arbitration clause did not apply to the earlier purchase orders. The High Court refused to set aside the enforcement order, holding that the Master Agreement’s arbitration clause was intended to govern the purchase orders entered into before it was signed, supported by specific clauses in the Master Agreement, notably the clause stating it prevails over prior inconsistent agreements. The Court of Appeal upheld this construction, affirming that retrospective application of contractual terms is permissible where intended and the purchase orders and Master Agreement formed a unified agreement. The appeal was dismissed with costs to the applicant on an indemnity basis and a certificate for two counsel was granted.
Legal issues: Construction of the Master Agreement governing prior purchase orders
Outcome: Appeal dismissed with costs to the applicant on indemnity basis