Matter
Bio-Chem Technology (HK) Limited v Rich Leaf International (HK) Limited (HCA 476/2017)
Hong Kong proceedings concerning whether a food-additives payment claim fell within the parties’ arbitration clause.
Procedural record
- 21 November 2017Hong Kong
21 November 2017Hong Kong
Judgment of the High Court of the Hong Kong Special Administrative Region, Court of First Instance in the case HCA 476/2017 dated 21 November 2017
High Court of the Hong Kong Special Administrative Region, Court of First Instance
- Decision summary
- The court held that Bio-Chem Technology’s claim for payment for food additives fell within the parties’ arbitration clause and that Rich Leaf International had shown a prima facie valid arbitration agreement. It found no unequivocal abandonment or waiver of the clause, stayed the court proceedings, and referred the dispute to arbitration. The court ordered Bio-Chem to pay the costs of Rich Leaf’s stay summons and dismissed Bio-Chem’s adjourned summons for final judgment or judgment on admissions, with costs payable immediately.
Participants
Bio-Chem Technology (HK) Limited
- Representative
- Andy Hung (For: Bio-Chem Technology (HK) Limited)
- Representative
- Lee Chan Cheng (For: Bio-Chem Technology (HK) Limited)
- Representative
- Fung (For: Bio-Chem Technology (HK) Limited)
Rich Leaf International (HK) Limited
- Representative
- Lawrence Hui (For: Rich Leaf International (HK) Limited)
- Representative
- Adrian Wong (For: Rich Leaf International (HK) Limited)
- Representative
- Zhong Lun Law Firm (For: Rich Leaf International (HK) Limited)
- Representative
- Lok (For: Rich Leaf International (HK) Limited)
High Court of the Hong Kong Special Administrative Region, Court of First Instance
- Judge
- Patrick Sherrington
- Judge
- Lai
Other
- Witness
- Li Qun
- Witness
- Woo Kit Fong Janet