CLOUTindex.
index.
Case 63: MAL 8
Hong Kong: High Court of Hong Kong (Kaplan J.)
31 March 1994
Joong and Shipping Co. Limited v. Choi Chong-sick (alias Choi Chong-sik) and Chu Ghin Ho trading as Chang Ho Company
Original in English
Unpublished
(Abstract prepared by the Secretariat)
The plaintiff sought summary judgement against the defendant for a claim for freight and demurrage, which the defendant had admitted in correspondence with the plaintiff. The defendant requested a stay of proceedings and requested that the matter be submitted to arbitration pursuant to article 8 MAL.
The court, citing its decisions in Guangdong Agriculture Co. Ltd etc. (case 41) and on
Zhan Jiang & T. Dev Area Service Head Co. etc. (case 61), found that article 8 MAL was
predicated upon the existence of a dispute and that in the present case there was no
dispute that could be referred to arbitration since the defendant had admitted the
plaintiff's claim unequivocally both as to liability and quantum. The court dismissed the
application for a stay and granted the plaintiff a summary judgement for the sum claimed.
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, 69
Text of the court decision published in English: [1996] Model Arbitration Law Quarterly Reports, Vol. 2, issue 2, 72
UNITED NATIONS COMMISSION ON INTERNATIONAL TRADE LAW
CASE LAW ON UNCITRAL TEXTS (CLOUT)
Abstracts of cases
This compilation of abstracts forms part of the system for collecting and disseminating information on court decisions and arbitral awards relating to Conventions and Model Laws that have emanated from the work of the United Nations Commission on International Trade Law (UNCITRAL). Information about the features of that system and about its use is provided in the User Guide (A/CN.9/SER.C/GUIDE/1).
The abstracts have been prepared by national correspondents designated by their Governments. It should be noted that neither the national correspondents nor anyone else directly or indirectly involved in the operation of the system assumes any responsibility for any error or omission or other deficiency.
__________
Copyright © United Nations 1994
All rights reserved.
Reproduced on this web site (www.interarb.com) with the kind permission of the United Nations, New York.
Database, typography, layout, etc. © interarb, 1999.