Matter
Grand Empire Holdings Limited v Marco International (HK) Limited (Hong Kong High Court Action No. 14891 of 1999)
- 27 January 2000Hong Kong
27 January 2000Hong Kong
Decision of the High Court of the Hong Kong Special Administrative Region, Court of First Instance in the case Action No. 14891 of 1999 dated 27 January 2000
High Court of the Hong Kong Special Administrative Region, Court of First Instance
- Decision summary
- The court stayed the proceedings under section 6 of the Hong Kong Arbitration Ordinance so the parties could refer their dispute to arbitration in New York. It held that the signed arbitration clause applied despite the plaintiff's contention that the written sale-and-purchase agreement was a sham and that the parties' true agreement was an oral loan agreement; the clause was not null and void, inoperative, or incapable of performance, and the arbitrator could rule on objections to its existence or validity. The court awarded the defendant the costs of the stay application, subject to awarding the costs of the 14 January 2000 adjourned hearing to the plaintiff, and expressed the view that leave under section 186 of the Companies Ordinance was not required for the application.
Supporting details
3 authorities · 7 participantsGrand Empire Holdings Limited
- Representative
- Benjamin Chain (For: Grand Empire Holdings Limited)
- Representative
- Siao, Wen & Leung (For: Grand Empire Holdings Limited)
Marco International (HK) Limited
- Representative
- F Burkett (For: Marco International (HK) Limited)
- Representative
- Tanner De Witt (For: Marco International (HK) Limited)
High Court of the Hong Kong Special Administrative Region, Court of First Instance
- Judge
- M.P. Burrell