HK court decision on scope of ‘China’ and implication for dispute resolution clauses

By Sally Wang, Martin Hu & Partners
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The High Court of Hong Kong heard an application earlier this year for a declaration that the arbitrator in the International Criminal Court (ICC) arbitration case no. 18228/C YK lacked jurisdiction and the arbitrator’s partial award should be set aside on that basis. A decision was rendered on 30 January.

王娅瑾 Sally Wang 胡光律师事务所 合伙人 Partner Martin Hu & Partners
王娅瑾
Sally Wang
胡光律师事务所
合伙人
Partner
Martin Hu & Partners

The applicant was a company Z from the mainland, while company A as well as three others were the respondents. In 2007, the applicant and respondents signed an agency agreement as well as a technical cooperation agreement. Both contracts contained arbitration clauses which provided that arbitration would be pursuant to the International Chamber of Commerce and held in China.

Company A filed a request for arbitration with the ICC in October 2011. The company sought relief in respect of company Z’s breach of contract, and suggested Hong Kong as the seat of arbitration.

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Sally Wang is a partner of Martin Hu & Partners

MHP

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胡光 Martin Hu

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王娅瑾 Sally Wang

电子信箱 E-mail: sally.wang@mhplawyer.com

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