Read the full judgment text of HCCT 62/2000 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 11 October 2000 before Hon Burrell J in Chambers.
Construction and arbitration — Stay of proceedings pending arbitration — Guarantee proceedings against parent company — Arbitration not commenced between main parties — Defendant agrees to plaintiff's detailed undertaking only at hearing — Plaintiff entitled to insist on terms including arbitration costs indemnity, consent to judgment, and time frame — Defendant has no arbitration right under guarantee contract — Court reluctant to stay proceedings in favour of uncommenced arbitration between different parties — Costs order in favour of plaintiff given defendant’s late acceptance and terms imposed — Important legal principles on costs in relation to stay where undertaking terms differ significantly — Outcome: proceedings stayed on plaintiff's terms and costs awarded to plaintiff.
Legal issues: Costs order on stay of proceedings
Outcome: Costs ordered to the plaintiff.