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Hong Kong arbitration agreementsexclusive jurisdiction clauses

AAA And Others v. DDD

[2024] HKCFI 513
JurisdictionHong Kong
CourtHK Court of First Instance
Year2024
StatusBinding authority

Summary

Courts apply a 'centre of gravity' test to resolve disputes involving conflicting dispute resolution clauses in related contracts.

Key Principle

Courts apply a 'centre of gravity' test to resolve disputes involving conflicting dispute resolution clauses in related contracts.

Area of Law

procedure

Related Cases

Getswift Ltd v Webb (2022) 276 CLR 553

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UBS AG v Tyne (2018) 265 CLR 77

Anshun estoppel bars relitigation where it was unreasonable not to raise the issue in earlier proceedings; re-litigation may also constitute abuse of process.

Palmer v Ayres (2017) 259 CLR 478

High Court of Australia held the reflective loss principle (Prudential Assurance rule) does not apply in Australia, permitting shareholders to recover losses independently of the company.

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