Read the full judgment text of HCCT 56/2017 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 28 June 2018 before Hon Mimmie Chan J.
Arbitration — Stay of proceedings — Arbitration clause in construction Subcontract — Scope of arbitration agreement — Whether dispute over termination and payment entitlement falls within arbitration clause — Under s 20 Arbitration Ordinance. The Plaintiff commenced action against Defendant for alleged wrongful termination of Subcontract and payment claims. The Subcontract contained a broadly framed arbitration clause covering any dispute arising out of the contract. The court held that the dispute relating to termination and payment was clearly within the scope of the arbitration clause and that the arbitration agreement was separable from the underlying contract, surviving termination or discharge. Accordingly, the Defendant's application for a stay of the court action to arbitration was granted. Costs were ordered against the Plaintiff on an indemnity basis, reflecting usual practice in unsuccessful resistance to arbitration enforcement under the Arbitration Ordinance.
Legal issues: Stay of action for arbitration under s 20 Arbitration Ordinance
Outcome: Defendant's application for stay of action to arbitration granted.
Cited by 2 cases