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Case 101: MAL 1(3); 11(3)(a)
Hong Kong: High Court of Hong Kong (Leonard J.)
27 January 1995
Private Company "Triple V" Inc. Ltd. v. Star (Universal) Co. Ltd. and Sky Jade Enterprises Group Ltd.
Original in English
Unpublished
(Abstract prepared by the Secretariat)
The plaintiff, a Russian company, bought from the defendants, two Hong Kong companies, a number of television sets and microwaves. Pursuant to the contract, delivery was to be made in Russia. The contract provided for arbitration in Hong Kong. The plaintiff alleged that the television sets were not delivered at all and the microwaves delivered were defective. The parties failed to agree on a procedure for appointing the arbitrator and the plaintiff requested the court to make the appointment pursuant to article 11(3)(a) MAL. The second defendant argued that it was not part to the contract.
The court found that an international arbitration, as defined in article 1(3) MAL, was
involved and that there was prima facie evidence of a dispute between the parties,
and appointed a sole arbitrator. As to the second defendant, who in fact had not signed
the contract, the court found that it was represented by the first defendant and ruled
that, in any event, it was at the discretion of the second defendant to challenge the
jurisdiction of the arbitrator in accordance with article 16(1) and (3).
For the appeal decision on this judgment see Case 109.
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Abstracts of cases
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