Arbitral Digest

Matter

Cathay Pacific Airways Limited v Hong Kong Air Cargo Terminals Limited (Hong Kong High Court HCA 6714/2000)

  1. 7 March 2002Hong Kong

    7 March 2002Hong Kong

    Judgment of the High Court of the Hong Kong Special Administrative Region, Court of First Instance in Action No. 6714 of 2000 dated 7 March 2002

    High Court of the Hong Kong Special Administrative Region, Court of First Instance

    Decision summary
    The court declined Hong Kong Air Cargo Terminals Limited's application under section 6 of the Arbitration Ordinance to stay Cathay Pacific Airways Limited's action for arbitration. The defendant had not shown a plainly arguable case that an arbitration agreement existed because the parties' contractual proposals and arbitration provisions were not accepted or agreed. The court ordered costs nisi at first instance to the plaintiff, to be taxed if not agreed.

    Supporting details

    5 authorities · 12 participants
    Cathay Pacific Airways Limited
    Representative
    A Barma (For: Cathay Pacific Airways Limited)
    Representative
    Lo & Lo (For: Cathay Pacific Airways Limited)
    Hong Kong Air Cargo Terminals Limited
    Representative
    N Cooney (For: Hong Kong Air Cargo Terminals Limited)
    Representative
    Minter Ellison (For: Hong Kong Air Cargo Terminals Limited)
    High Court of the Hong Kong Special Administrative Region, Court of First Instance
    Other
    Witness
    Ko Kai Wai

    Authorities cited

    5
    • Hong Kong Arbitration Ordinance (Cap. 341)
      statute
    • UNCITRAL Model Law on International Commercial Arbitration
      statute
    • Supply of Services (Implied Terms) Ordinance (Cap. 457)
      statute
    • Pacific International Lines (PTE) Limited and another v Tsin Lien Metals and Minerals Co. (HK) Limited ([1993] 2 HKLR 249)
      case-law
    • Chitty on Contracts, 28th edition
      academic

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Cathay Pacific Airways Limited v Hong Kong Air Cargo Terminals Limited (Hong Kong High Court HCA 6714/2000) · Matter