Read the full judgment text of HCCT 6/2021 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 21 September 2021 before Hon Mimmie Chan J.
Arbitration — Stay under section 20 Arbitration Ordinance — Whether arbitration agreement abandoned — Dispute resolution clauses in construction contract — Surety bond claims — Case management stay against non-arbitral party — Written undertaking to comply with arbitration award. The Plaintiff commenced proceedings for breach of contract and surety bond against the Defendants. The 2nd Defendant sought a stay under section 20 of the Arbitration Ordinance pending arbitration commenced under the Contract's arbitration clause. The Plaintiff alleged the arbitration agreement had been abandoned by agreement to litigate. The court held there was no clear consensus to abandon arbitration, the 2nd Defendant discharged the burden of showing a prima facie arbitration agreement, and the issue of abandonment and jurisdiction lay for the arbitral tribunal. The 1st Defendant was not party to arbitration but gave a written undertaking to abide by the arbitration award. The court granted a case management stay against the 1st Defendant to serve ends of justice and avoid inconsistent findings. Costs of the stay application were awarded against the Plaintiff to the 2nd Defendant.
Legal issues: Section 20 stay under Arbitration Ordinance · Case management stay against 1st Defendant
Outcome: The application for stay under section 20 of the Arbitration Ordinance is granted as against the 2nd Defendant; a case management stay is granted against the 1st Defendant.
Cited by 1 case · Cites 1 case