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HK—arbitration clause upheld and limited scope and waiver arguments rejected (Bio-Chem Technology v Rich Leaf International)

HK—arbitration clause upheld and limited scope and waiver arguments rejected (Bio-Chem Technology v Rich Leaf International)
Published on: 04 December 2017
Published by: LexisPSL
  • HK—arbitration clause upheld and limited scope and waiver arguments rejected (Bio-Chem Technology v Rich Leaf International)
  • Original news
  • What was the background to the judgment?
  • What issues were before the court?
  • What did the court decide on the arbitration clause issue?
  • What did the court decide on the issue of waiver?
  • Practical implications and comments
  • On the arbitration clause
  • On the issue of abandonment and waiver
  • Postscript—the decision in Neo Intelligence Holdings v Giant Crown Industries

Article summary

Arbitration analysis: In upholding an arbitration clause, the Hong Kong Court of First Instance held that unless the party resisting arbitration has overwhelming evidence of an unequivocal waiver, a stay in favour of arbitration should be ordered. This analysis also considers the subsequent stay decision in Neo Intelligence Holdings v Giant Crown Industries. This article was written by Lawrence Hui of Liberty Chambers, Adrian Wong of Sir Oswald Cheung’s Chambers and Frederick Hui and Jonathan Wong of Zhong Lun Law Firm. or take a trial to read the full analysis.

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