Arbitral Digest

Matter

Empresa Navegacion Mambisa v Taikoo Dockyard & Engineering Company of Hong Kong Limited (CACV000052/1976)

  1. 11 February 1977Hong Kong

    11 February 1977Hong Kong

    Judgment of the Court of Appeal in the case CACV000052/1976 dated 11 February 1977

    Court of Appeal

    Case no.
    1976 No. 52 (Civil)
    Decision summary
    By majority, the Court of Appeal dismissed the ship-owners' appeal and upheld the stay of the action. The majority held that the parties' ship-repair agreement and Standard Conditions B required the dispute arising from the fire aboard M.V. El Jigue to be referred to arbitration, and that the dockyard was ready and willing to arbitrate. Pickering J.A. dissented, concluding that the arbitration clause had not been shown to cover the dispute, and would have set aside the stay and restored the Registrar's refusal of a stay.

    Supporting details

    6 authorities · 9 participants
    Empresa Navegacion Mambisa
    Representative
    Charles Ching, Q.C. (For: Empresa Navegacion Mambisa)
    Representative
    William Waung (For: Empresa Navegacion Mambisa)
    Taikoo Dockyard and Engineering Company of Hong Kong Limited
    Representative
    Evans, Q.C. (For: Taikoo Dockyard and Engineering Company of Hong Kong Limited)
    Representative
    A. Dicks (For: Taikoo Dockyard and Engineering Company of Hong Kong Limited)
    Court of Appeal
    Judge
    Huggins
    Judge
    Leonard

    Authorities cited

    6
    • Hong Kong Arbitration Ordinance (Cap. 341)
      statute
    • London Sack and Bag Co. Ltd v Dixon and Lugton Ltd (1943 2 All E.R. 763)
      case law
    • Modern Building Wales Ltd v Limmer and Trinidad Co. Ltd (1975 1 W.L.R. 1281)
      case law
    • Fathers of Confederation Buildings Trust v Pigott Construction Co. Ltd ([1974] 44 D.L.R. (3rd Ed.) 265)
      case law
    • Metropolitan Tunnel and Public Works Ltd v London Electric Railway Co. (1926 Ch. 371)
      case law
    • Heyman v Darwins Ltd (1942 A.C. 356)
      case law
  2. Date not availableHong Kong

    Date not availableHong Kong

    Decision of the High Court judge in chambers in 1976 No. 52 (Civil)

    High Court

    Decision summary
    The Chief Justice reversed the Registrar's decision and ordered the action stayed because the parties had agreed to submit their dispute to arbitration.

    Supporting details

    2 participants
    Empresa Navegacion Mambisa
    Taikoo Dockyard and Engineering Company of Hong Kong Limited
    High Court
  3. Date not availableHong Kong

    Date not availableHong Kong

    Order of the Registrar refusing a stay in 1976 No. 52 (Civil)

    High Court

    Decision summary
    The Registrar refused to stay the action.

    Supporting details

    2 participants
    Empresa Navegacion Mambisa
    Taikoo Dockyard and Engineering Company of Hong Kong Limited
    High Court

Matter record

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Empresa Navegacion Mambisa v Taikoo Dockyard & Engineering Company of Hong Kong Limited (CACV000052/1976) · Matter