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Hong Kong
jurisdiction clausesadministrationstay of proceedings
Henry Shing Him Chow & Anor v Victor Ling Kam Tong & Ors
[2024] HKCFI 2737; [2025] 1 HKC 937
Key Principle
In trust disputes, a forum selection clause using language such as 'all disputes shall be resolved in [jurisdiction]' constitutes an exclusive jurisdiction clause even without the word 'exclusive', and 'administration' of a trust encompasses both contentious and non-contentious proceedings; however, a stay may be refused where a third-party defendant has no connection to the trust deed and trying claims separately would cause inefficiency and risk inconsistent findings.
Area of Law
trusts
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