Dispute or no dispute: that is the question
Authors
Citation
Building journal Hong Kong China, Sep, 1992, pp. 122-124
Abstract
Almost all constructin contracts contain arbitration clauses. When a disputed monetary claim arises, the claimant often commences court proceedings despite the existence of a valid arbitration agreement. Usually, he must then resist an application to stay the proceedings on the basis that there is a dispute or difference in existence which should be referred to arbitration. In this article, Colin Touyz, an Associate Solicitor with Baker & Mckenzie considers the apporach adopted by the Courts in these cases.
(1) Summary judgment and stay
(2) Two approaches
(3) Hong Kong approach
(4) Order 14A, Rules of the Supreme Court
Description
Subject
Type
Article
Format
Date
1992
Language
en