Read the full judgment text of HCCT 15/2004 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 17 March 2004 before Hon Reyes J.
Construction contract — Incorporation of arbitration clause in subcontract — Chain of document incorporation — Arbitration Ordinance (Cap. 341) s. 2AC(3)(b) interpretation — Whether arbitration clause GC-35 in General Conditions incorporated into Sub-Contract via Conditions of Tender — Held: incorporated. Employment Ordinance claims for reimbursement of wages by main contractor to subcontractor's employees fall within scope of arbitration clause. Application for stay of proceedings against non-party guarantor to arbitration declined — Non-party not bound by arbitration agreement and may reopen issues in litigation. Proceedings against subcontractor stayed to arbitration; proceedings against guarantor to continue. Costs to be determined.
Legal issues: Incorporation of arbitration clause GC-35 into Sub-Contract · Whether claims for reimbursement under the Employment Ordinance fall within arbitration clause · Whether to stay proceedings against Siu pending arbitration
Outcome: Proceedings against Wing Mou stayed to arbitration pursuant to GC-35; proceedings against Siu Kar Shui not stayed.