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Case 40: MAL 7; 11(4)
Hong Kong: High Court of Hong Kong (Kaplan J.)
30 July 1992
Pacific International Lines (PTE) Ltd. & Another v. Tsinlien Metals and Minerals Co. Ltd.
Published in English: 1992, Hong Kong Law Digest, G5; excerpts of judgement in The Arbitration and Dispute Resolution Law Journal, Part 4, December 1992, 240
(Abstract prepared by Kaplan J.)
The plaintiff, owner and manager of a vessel which was chartered to the defendant, sought payment of damages for breach of the charter-party with the defendant. When the defendant failed to pay, the plaintiff appointed an arbitrator pursuant to an arbitration clause contained in the charter-party. The defendant failed to appoint a second arbitrator and the plaintiff applied in accordance with article 11(4) MAL for the court to appoint a second arbitrator.
Although the charter-party was not signed by both parties, the court found that there
was a charter-party between the plaintiff and the defendant, since there was no doubt from
the facts and the pre-voyage communications that the defendant had chartered the vessel of
the plaintiff and had paid also certain sums to the plaintiff in accordance with that
charter-party. The court concluded that article 7 MAL requiring a written agreement to
arbitrate had been complied with and gave the defendant seven days to appoint a second
arbitrator, otherwise the court was to appoint him.
This case is cited in Case 64.
Additional Information published in later CLOUT issue (on "24 May 1994"):
Reproduced in International Arbitration Report, Vol. 7, 1992, 9
Additional Information published in later CLOUT issue (on "14 October 1994"):
Summarized and commented on by Kaplan, Spruce and Moser in Hong Kong and China Arbitration, Cases and Materials, Butterworths, 1994.
Excerpts published in [1993] 2 Hong Kong Law Reports (HKLR), 249.
Additional Information published in later CLOUT issue (on "10 April 1995"):
Commented on by Kaplan in Asia LawJanuary/February 1995, 23.
Additional Information published in later CLOUT issue (on "12 July 1995"):
Cases 39-41, 57, 60-64, 76 and 78, reported on in English: [1992] The Arbitration and Dispute Resolution Law Journal (ADRLJ) 235, [1992] ADRLJ 240, [1993] ADRLJ 100 and [1994] ADRLJ 49, 295, 307, 291, 290, 298 respectively.
Additional Information published in later CLOUT issue (on "9 February 2000"):
Abstract published in English: [1995] Model Arbitration Law Quarterly Reports, Vol. 1, issue 4, 1
Text of the court decision published in English: [1995] Model Arbitration Law Quarterly Reports, Vol. 1, issue 4, 4
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Abstracts of cases
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