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Case 42: MAL 9
Hong Kong: High Court of Hong Kong (Barnett, J.)
2 March 1992
Interbulk (Hong Kong) Ltd. v. Safe Rich Industries Ltd.
Published in English: (1992) 2 Hong Kong Law Reports, 185 and 1992 Hong Kong Law Digest, C7
(Abstract prepared by the Secretariat)
The plaintiff, shipowner, obtained an injunction against the defendant, charterer. The charter-party contained a clause providing for arbitration in England under English law. The defendant sought to have the injunction set aside.
The court held that, pursuant to s. 14(6) of the Arbitration Ordinance, Hong Kong courts had no jurisdiction to grant interim relief, in cases where there was a valid arbitration agreement providing for arbitration elsewhere than in Hong Kong.
The court noted that under article 9 MAL the courts of Hong Kong were empowered to
grant an "interim measure of protection" to a party to an arbitration to which
MAL applied. The court recognized that it was "... at least open to argument"
that a court of a state that had adopted MAL might be more ready to assist a party to an
international arbitration agreement, notwithstanding the fact that the arbitration had its
seat elsewhere.
Additional Information published in later CLOUT issue (on "9 February 2000"):
Abstract published in English: [1995] Model Arbitration Law Quarterly Reports, Vol. 1, issue 3, 49
Text of the court decision published in English: [1995] Model Arbitration Law Quarterly Reports, Vol. 1, issue 3, 52
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CASE LAW ON UNCITRAL TEXTS (CLOUT)
Abstracts of cases
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