Matter

Golden Way Engineering Development Limited v GWP Engineering Limited (Hong Kong District Court DCCJ 2595/2022)

5 January 2024Hong Kong
5 January 2024Hong Kong
Decision of the District Court of the Hong Kong Special Administrative Region in the case DCCJ 2595/2022 dated 5 January 2024
District Court of the Hong Kong Special Administrative Region
Case no.
DCCJ 2595/2022
Citation
[2024] HKDC 32
Decision summary
The court granted GWP Engineering Limited's application for a stay of Golden Way Engineering Development Limited's action in favour of arbitration. It held that the parties were bound by the arbitration clause in the 3 September 2021 document and rejected the arguments that the document was an incomplete unsigned draft, had been superseded by later agreements, or could not yet be invoked. The court ordered costs nisi against Golden Way Engineering Development Limited, to be taxed if not agreed on an indemnity basis, with a certificate for counsel.
Supporting details
19 authorities · 8 participants
Application
Defendant's application for a stay of the action in favour of arbitration — Granted
Golden Way Engineering Development Limited
Representative
Jeffrey H J Lai (For: Golden Way Engineering Development Limited)
Representative
Victor Y C Yuen (For: Golden Way Engineering Development Limited)
Representative
T K Tsui & Co (For: Golden Way Engineering Development Limited)
GWP Engineering Limited
Representative
Thomas Lee (For: GWP Engineering Limited)
Representative
King & Wood Mallesons (For: GWP Engineering Limited)
District Court of the Hong Kong Special Administrative Region
Judge
Teresa Wu
Authorities cited
19
- Hong Kong Arbitration Ordinance (Cap. 609) (Arbitration Ordinance (Cap. 609))
  statute
- UNCITRAL Model Law on International Commercial Arbitration
  statute
- Chimbusco International Petroleum (Singapore) Pte Ltd v Fully Best Trading Limited ([2016] 1 HKLRD 582)
  case-law
- Tommy CP Sze & Co v Li & Fung (Trading) Ltd ([2003] 1 HKC 418)
  case-law
- Chu Kong v Lau Wing Yan & Others ([2019] 1 HKLRD 589 (CA))
  case-law
- Mustill & Boyd, Commercial Arbitration (Commercial Arbitration)
  academic
- Morgan, The Arbitration Ordinance of Hong Kong: A Commentary (The Arbitration Ordinance of Hong Kong: A Commentary)
  academic
- Arbitration Act 1996 (England) (Arbitration Act 1996)
  statute
- New York Convention (Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention))
  statute
- Private Company 'Triple V' Inc v Star (Universal) Co Ltd & Another ([1995] 3 HKC 129 (CA))
  case-law
- Pacific Crown Engineering Ltd v Hyundai Engineering & Construction Co Ltd ([2003] 3 HKC 659)
  case-law
- PCCW Global Ltd v Interactive Communications Service Ltd ([2007] 1 HKLRD 309 (CA))
  case-law
- Ahmad Al-Naimi v Islamic Press Agency Inc ([2000] 1 Lloyd's Law Rep 522)
  case-law
- English Rules of the Supreme Court (Rules of the Supreme Court)
  statute
- Reveille Independent LLC v Anotech International (UK) Limited ([2016] EWCA Civ 443)
  case-law
- Brogden v Metropolitan Railway Co ((1877) 2 App Cas 666)
  case-law
- Oceanografia SA de CV v DSND Subsea AS, the Botnica ([2006] EWHC 1360 (Comm); [2007] 1 All ER (Comm) 28)
  case-law
- RTS Flexible Systems Ltd v Molkerei Alois Muller GmbH & Co KG ([2010] UKSC 14; (2010) 129 ConLR 1; [2010] 1 WLR 753)
  case-law
- Chitty on Contracts (34th Edition)
  academic
Direct judgment

Golden Way Engineering Development Limited

GWP Engineering Limited

District Court of the Hong Kong Special Administrative Region