C v D
| Judgment Date | 24 May 2021 |
| Neutral Citation | [2021] HKCFI 1474 |
| Judgement Number | HCCT24/2020 |
| Citation | [2021] 3 HKLRD 1 |
| Year | 2021 |
| Subject Matter | Construction and Arbitration Proceedings |
| Court | Court of First Instance (Hong Kong) |
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4 cases
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C v D
...that the latter sections lack the provision enabling refusal “for any other reason the court considers it just to do so”. [33] G Lam J [2021] 3 HKLRD 1. [34] Cheung, Yuen and Chow JJA, Chow JA writing for the Court [2022] 3 HKLRD [35] Referred to by the Judge, [2021] 3 HKLRD 1 at §§30-36; a......
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L v M N And Another
...determine whether the procedure has been duly followed, or if the reference to arbitration is premature, is the tribunal itself (C v D [2021] 3 HKLRD 1). Both questions of admissibility and of jurisdiction in relation to arbitral disputes are matters for the tribunal. 5. As between the Plai......
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Kinli Civil Engineering Ltd v Geotech Engineering Ltd
...be stayed in favour of arbitration, as it is for the tribunal to decide first on its jurisdiction. 8. As the Court found in C v D [2021] HKCFI 1474, the question of whether a party has complied with the procedure or conditions as to the exercise of the right to arbitrate, as set out in an a......
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Cmb v Fund, Cattle And Management
...on de novo basis as to the correctness of the tribunal’s finding as to its own jurisdiction (S Co v B Co [2014] 6 HKC 421 and C v D [2021] 3 HKLRD 1; X v Jimmy Chien [2020] HKCFI 37. Having reviewed the Award as a whole and in the context, and with all due respect to the Arbitrator, I do no......
6 firm's commentaries
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Arbitration'Set Aside Of Award'Multi-Tiered Arbitration Agreement (T v B)
...would render the arbitration agreement null and void Admissibility or jurisdiction The Hong Kong court applied the reasoning in C v D [2021] HKCFI 1474 (not reported by LexisNexis'UK) and Kinli [2021] HKCFI 2503 (not reported by LexisNexis'UK) and concluded that the decision as to the fulfi......
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Arbitration'Set Aside Of Award'Multi-Tiered Arbitration Agreement (T v B)
...would render the arbitration agreement null and void Admissibility or jurisdiction The Hong Kong court applied the reasoning in C v D [2021] HKCFI 1474 (not reported by LexisNexis'UK) and Kinli [2021] HKCFI 2503 (not reported by LexisNexis'UK) and concluded that the decision as to the fulfi......
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Queensland Court Of Appeal Upholds Arbitration Agreement In Escalation Clause
...Model Law (which is, in turn, mirrored in s 3 of the International Arbitration Act 1974 (Cth)). Footnotes 1. See HSF's note on C v D [2021] HKCFI 1474 (Hong Kong) 2. Lin & Anor v Lee [2021] QSC 336, [20]. 3. Lee v Lin & Anor [2022] QCA 140, [4]. 4. Lee v Lin & Anor [2022] QCA 140, [5]. 5. L......
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Interpretation Of Arbitration Clauses: Does "may" Arbitrate Actually Mean You "must" Arbitrate? Are "no Arbitration Until Completion/termination" Clauses Valid?
...of an arbitration agreement, and allowed G's stay application. In passing, the Court also reaffirmed its earlier decision in C v D [2021] HKCFI 14741, and stated that whether a party has complied with the procedure as to the exercise of the right to arbitrate in an arbitration agreement, wa......
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