Hong Kong Court Stays Court Proceedings To Arbitration

Hong Kong Court of First Instance Stays Court Proceedings to Arbitration, Reiterates S.20 Principles

Herbert Smith Freehills review the Hong Kong High Court’s decision in Leung Kwok Hung trading as Kaiser (M&E) Decoration Engineering Company v. Johnson Controls Hong Kong Limited [HCCT 56/2017], where the Court granted the Defendant’s application under s.20 of the Arbitration Ordinance, staying Court proceedings in favour of arbitration. In doing so, the Court noted that the principles for granting such a stay were clear and had not been disputed by the parties.

The authors observe that the Court’s decision to defer to the arbitral tribunal, in light of a valid and applicable arbitration agreement, accords with both the letter and the spirit of the Arbitration Ordinance, and the Hong Kong courts’ consistent refusal to interfere in any dispute that is subject to an arbitration agreement.

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About Phillip Rompotis

Phillip practices as a barrister and arbitrator in Hong Kong. He has over 25 years’ litigation and arbitration experience in commercial disputes relating to construction & engineering, financial services, joint venture & shareholders agreements, technology, trusts, property and landlord & tenant. He is a Fellow of the Chartered Institute of Arbitrators, the Singapore Institute of Arbitrators, the Malaysian Institute of Arbitrators, and a member of various lists/panels of arbitrators.

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