Arbitral Digest

Matter

Jingdong E-Commerce (Trade) Hong Kong Corporation Limited v Mavin Electrons Limited (High Court of Hong Kong HCA 1032/2023)

Seat
Hong Kong
Applicable rules
HKIAC Administered Arbitration Rules
  1. 6 November 2024Hong Kong

    6 November 2024Hong Kong

    Decision of the High Court of Hong Kong in the case HCA 1032/2023 dated 6 November 2024

    High Court of Hong Kong

    Case no.
    HCA 1032/2023
    Citation
    [2024] HKCFI 3110
    Decision summary
    The court stayed Jingdong's proceedings against Mavin in favour of arbitration under clause 9.9 of the Master Sale and Purchase Agreement. It held that Mavin had established a prima facie case that the parties were bound by the arbitration clause and that the tribunal should determine its jurisdiction, including disputes concerning payment obligations and product claims. The court also ordered Jingdong to pay the application's costs on an indemnity basis, subject to summary assessment, with consequential deadlines for the parties' costs papers.

    Supporting details

    12 authorities · 7 participants
    Jingdong E-Commerce (Trade) Hong Kong Corporation Limited
    Representative
    Mark Lin (For: Jingdong E-Commerce (Trade) Hong Kong Corporation Limited)
    Representative
    Hogan Lovells (For: Jingdong E-Commerce (Trade) Hong Kong Corporation Limited)
    Mavin Electrons Limited
    Representative
    Natalie So (For: Mavin Electrons Limited)
    Representative
    Haldanes (For: Mavin Electrons Limited)
    High Court of Hong Kong

    Authorities cited

    12
    • Arbitration Ordinance (Cap 609)
      statute
    • Mice Engineering Ltd v Johnson Controls Hong Kong Limited [2022] HKCFI 2768
      case-law
    • Houtai Investment Holdings Ltd v Leung Yat Tung & Ors [2021] HKCFI 1504
      case-law
    • Fili Shipping Co Ltd and others v Premium Nafta Products Ltd [2007] BUS LR 1719
      case-law
    • Trust Risk Group SpA v Amtrust Europe Ltd [2017] 1 CLC 456
      case-law
    • Neo Intelligence Holdings Ltd v Giant Crown Industries Ltd, HCA 1127 of 2017, 27 November 2017
      case-law
    • AXA Re v Ace Global Markets
      case-law
    • Paladin Agricultural Ltd v Excelsior Hotel (Hong Kong) Ltd [2001] 2 HKC 215
      case-law
    • AAA v DDD [2024] 1 HKLRD 1358
      case-law
    • CMB v Fund & Ors [2023] HKCFI 760
      case-law
    • Joseph on Jurisdiction and Arbitration Agreements and Their Enforcement, 6th edition
      academic
    • UNCITRAL Model Law
      case-law

Matter record

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Jingdong E-Commerce (Trade) Hong Kong Corporation Limited v Mavin Electrons Limited (High Court of Hong Kong HCA 1032/2023) · Matter