Case number: 62
Article number: model arbitration law / 7(2); 11
Thessaurs issue:
Country of decision: United Kingdom
Year of decision: 1994
Type of decision: Judicial decision

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Unpublished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.