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

Procedural record

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.

   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

   Judge

   D M B Gill

   Other

   Witness

   Anthony James Sherry

   Witness

   Ko Kai Wai

   Witness

   Mary Chan Sheung Pui

   Witness

   Yen Chen Pei

   Witness

   Huen Yuen Hung

   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