The judgment of the Hong Kong District Court (“Court”) in Gurkhas Construction Ltd v Craft Façade Tech (Hong Kong) Co Ltd is the latest example of the Hong Kong judiciary’s willingness to give effect to an arbitration clause wherever possible. In this case, the Court granted a stay of proceedings in favour of arbitration on the basis that an arbitration agreement incorporated in various purchase orders (“POs”) agreed between the parties remained effective despite a subsequent settlement agreement allegedly entered into between the same parties providing for the non-exclusive jurisdiction of the Hong Kong courts…
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