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Hong Kong Leading Case certaintyagreement to negotiatemulti tiered clausesagreement to agree

Hyundai Engineering and Construction Co Ltd v Vigour Ltd

[2005] 3 HKLRD 723 (CA)
JurisdictionHong Kong
CourtCourt of Appeal of the High Court (Hong Kong)
Year2005
StatusBinding authority

Key Principle

A bare agreement to negotiate, or to resolve differences by the parties' managing directors with no defined process, is an unenforceable 'agreement to agree'; an agreement purporting wholly to oust the courts' / arbitral jurisdiction is contrary to public policy.

Area of Law

Contract & Commercial

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