Matter

Hercules Data Comm. Co. Ltd v Koywa Communications Limited (High Court of Hong Kong, Court of First Instance, Action No. 4627 of 2000)

23 October 2000Hong Kong
23 October 2000Hong Kong
Decision of the High Court of Hong Kong, Court of First Instance in the case Action No. 4627 of 2000 dated 23 October 2000
High Court of Hong Kong, Court of First Instance
Case no.
Action No. 4627 of 2000
Decision summary
The court held that the parties' back-to-back agreement incorporated the arbitration clause in the main contract, that the defendant's unadmitted contract-related claims constituted a dispute within the clause, and that the clause was not null and void, inoperative, or incapable of being performed. It stayed the proceedings pending arbitration, did not hear the plaintiff's summary-judgment summons, ordered costs nisi on the stay application to the defendant, and made no order as to costs on the summary-judgment summons.
Supporting details
6 authorities · 7 participants
Hercules Data Comm. Co. Ltd
Representative
Alexander Wong (For: Hercules Data Comm. Co. Ltd)
Representative
K.F. Wong & Co. (For: Hercules Data Comm. Co. Ltd)
Koywa Communications Limited
Representative
Lam Siu Wah, Joseph (For: Koywa Communications Limited)
Representative
Au, Kong & Tang (For: Koywa Communications Limited)
High Court of Hong Kong, Court of First Instance
Judge
M.P. Burrell
Authorities cited
6
- Astel-Peninger Joint Venture v Argos Engineering & Heavy Industries Co. Ltd ([1994] 3 HKC)
  case-law
- Thomas v Portsea Steamship Co Ltd ([1912] AC 1)
  case-law
- Tai Hing Cotton Mill Ltd v Glencove Grain Rotterdum BV ([1996] 1 HKC 363)
  case-law
- Tai and Halki Shipping Corporation v Sopex Oils Ltd ([1998] 1 WLR 727)
  case-law
- Guangdong Agriculture Company Limited v Conagra International (Far East) Limited ([1993] 1 HKLR 113)
  case-law
- Elerine v Klinger ([1982] 1 WLR)
  case-law
Direct judgment