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Case 62: MAL 7(2); 11
Hong Kong: High Court of Hong Kong (Kaplan J.)
2 February 1994
Oonc Lines Limited v. Sino-American Trade Advancement Co. Ltd.
Original in English
Unpublished
(Abstract prepared by the Secretariat)
The plaintiff requested the court to appoint an arbitrator on behalf of the defendant pursuant to article 11 MAL. The defendant objected on the ground that article 7(2) MAL was not complied with since the defendant never signed the charterparty which contained in a rider the arbitration agreement invoked by the plaintiff.
The court found that, although the charterparty was not signed by either party, a
number of communications exchanged between the parties provided a sufficient record in
writing of their agreement to arbitrate. The court appointed an arbitrator on behalf of
the defendant.
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: [1996] Model Arbitration Law Quarterly Reports, Vol. 2, issue 2, 1
Text of the court decision published in English: [1996] Model Arbitration Law Quarterly Reports, Vol. 2, issue 2, 4
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