Read the full judgment text of HCCT 1/2005 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 29 June 2005 before Hon Reyes J in Chambers.
Construction and Arbitration — Incorporation of arbitration agreements in sub-contracts — Interpretation of Brief Details clauses and Special Conditions of Contract — SCC 81 arbitration clause and GCC 86 mediation/arbitration clause in the main contract — Whether arbitration agreement incorporated into metal works sub-contract — Expressio unius, exclusio alterius principle applied to specific page references of SCC — Practical role and incorporation of Architect under GCC 86 — Finding that neither SCC 81 nor GCC 86 incorporated into Teambo's sub-contracts — HKC's application to stay proceedings to arbitration dismissed. The plaintiff was entitled to continue court proceedings for unpaid sums without referral to arbitration.
Legal issues: Whether Teambo’s sub-contracts incorporate an arbitration agreement
Outcome: HKC's application for a stay of Teambo's action to arbitration is dismissed
Cites 1 case