Arbitral Digest

Matter

Bio-Chem Technology (HK) Limited v Rich Leaf International (HK) Limited (HCA 476/2017)

  1. 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

    Case no.
    HCA 476/2017
    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.

    Supporting details

    6 authorities · 13 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
    Lai
    Other
    Witness
    Li Qun

    Authorities cited

    6
    • Hong Kong Civil Procedure 2017
      academic
    • Hong Kong Arbitration Ordinance
      statute
    • Hong Kong Rules of the High Court (Rules of the High Court (Hong Kong))
      statute
    • Klöckner Pentaplast GmbH v Advance Technology (HK) Co Ltd ([2011] 4 HKLRD 262)
      case-law
    • Investors Compensation Scheme Ltd v West Bromwich Building Society ([1998] 1 WLR 896)
      case-law
    • Paladin Agricultural Ltd and another v The Excelsior Hotel (Hong Kong) Ltd ([2001] 2 HKC 215)
      case-law

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Bio-Chem Technology (HK) Limited v Rich Leaf International (HK) Limited (HCA 476/2017) · Matter