Read the full judgment text of HCCT000007/1995 on BabelCite. This HIGH COURT judgment was delivered on 4 April 1995 before the Hon Mr Justice Findlay.
Construction and Arbitration dispute concerning interior decoration work contracts involving three parties; plaintiff claims sums from first defendant for unpaid contract price and from second defendant for refusal to issue completion certificate. First defendant applied to stay proceedings due to arbitration clause; second defendant sought stay on forum conveniens grounds. Court held that the People's Republic of China is the more appropriate forum for trial of the dispute between plaintiff and second defendant, considering the place of performance, location of parties and witnesses, and inter-linkage of disputes. Court rejected lack of jurisdiction and lis alibi pendens arguments. Permanent stay of proceedings against second defendant ordered; proceedings against first defendant stayed pending arbitration in China. Plaintiff ordered to pay second defendant's costs.
Legal issues: Forum Conveniens · Jurisdiction over Second Defendant
Outcome: Permanent stay of proceedings against the second defendant ordered; first defendant proceedings stayed pending arbitration.