Read the full judgment text of HCCT 27/2008 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 17 December 2008 before Hon Burrell J.
Construction and arbitration — Incorporation of arbitration clause — Contract between property owner and architect — Article 8 of agreement and letter of intent incorporate HKIA Conditions including arbitration provisions — No requirement for explicit discussion to incorporate clause — Broad interpretation of arbitration clause scope — Clause 6.5 applies to all disputes not resolved under 6.4, not limited to fees only — 'Disputes arising out of these Conditions' given wide meaning including delays and failures in normal services — Application for stay of proceedings granted under Arbitration Ordinance s.6. The court held that the defendant's summons to stay judicial proceedings in favour of arbitration should be allowed as the dispute falls within the arbitration clause incorporated by reference. The arbitration clause covers the present dispute beyond just fees and includes issues arising from performance under the HKIA Conditions. Consequently, the court ordered a stay of proceedings with respect to the claim.
Legal issues: Incorporation of arbitration clause · Scope of arbitration clause applicability
Outcome: Defendant's summons to stay proceedings granted