INTERACTIVE COMMUNICATIONS SERVICES LIMITED (formerly known as VECTONE LIMITED) (Applicant) v PCCW GLOBAL LIMITED (formerly known as BEYOND THE NETWORK, LIMITED) (Respondent)

Read the full judgment text of FAMV 000012/2007 on BabelCite. This FAMV judgment was delivered on 19 April 2007 before Bokhary PJ, Chan PJ, Ribeiro PJ.

Civil procedure – leave to appeal – interlocutory decision – refusal of stay of proceedings in favour of arbitration – contract for international telephone services containing contradictory jurisdiction and arbitration clauses – clauses 4.3 and 5 conferring exclusive jurisdiction on Hong Kong courts under Hong Kong law – clause 11.2 providing for New York law and New York courts – clause 11.3 allowing either party to require binding arbitration in New York – whether leave to appeal should be granted – whether question is of great general or public importance – whether Art.8 of the UNCITRAL Model Law raises an important issue – Court of Final Appeal holding that the case turned on construction of the particular contract and that no question of great general or public importance arose – Court declining to devote resources to a third round of satellite litigation on a largely factual billing dispute – application dismissed with costs.

Legal issues: Whether leave to appeal should be granted from interlocutory refusal of stay in favour of arbitration · Whether Art.8 of the UNCITRAL Model Law raises a question of great general or public importance

Outcome: Application for leave to appeal dismissed.