Read the full judgment text of HCCT 16/2022 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 20 March 2023 before Hon Mimmie Chan J in Chambers.
Construction law — Arbitration agreement — Incorporation by reference — Whether an arbitration clause in the Main Contract (Clause 41) was incorporated into a Subcontract by cross-reference and contract terms. The Plaintiff sought payment under a Subcontract for electrical works executed for Harmony Mansion, while the Defendant contended disputes were subject to arbitration under the Main Contract's arbitration clause. The Court applied the prima facie test for stay of proceedings under the Arbitration Ordinance and found the incorporation of Clause 41 into the Subcontract was evidenced by tender documents and the Letter of Acceptance. The definition of 'Contractor' in the Main Contract was held to include the Named Domestic Sub-Contractor (Plaintiff), supporting the arbitration clause's applicability. The court further held the arbitration agreement to be operable and capable of performance despite arguments to the contrary. The Defendant's application to stay proceedings in favor of arbitration was granted, and the Plaintiff ordered to pay costs on an indemnity basis with certificate for counsel.
Legal issues: Existence of arbitration agreement by incorporation · Operability and capacity to be performed of the arbitration clause
Outcome: The application for stay of proceedings to arbitration is granted.
Cited by 2 cases · Cites 2 cases