Case number: 63
Article number: model arbitration law / 8
Thessaurs issue:
Country of decision: United Kingdom
Year of decision: 1994
Type of decision: Judicial decision

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Unpublished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.