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Hong Kong arbitration agreements

Xiamen Xinjingdi Group Ltd v Eton Properties Ltd

[2009] HKCA 353
JurisdictionHong Kong
CourtHK Court of Appeal
Year2009
StatusBinding authority

Summary

Arbitration clause covering 'all disputes arising out of or in connection with the contract' has broad scope encompassing all contractual and closely related disputes.

Key Principle

scope of arbitration clause; all disputes arising out of or in connection with the contract

Area of Law

arbitration

Related Cases

Rinehart v Hancock Prospecting Pty Ltd (2019) 267 CLR 514

A dispute must be referred to arbitration if it falls within the scope of the arbitration agreement, applying a generous interpretation in favour of arbitrability.

TCL Air Conditioner v Judges of the Federal Court (Arbitral Awards) [2013] HCA 5

Enforcement of international commercial arbitral awards does not involve arbitrators exercising judicial power; enforcement itself is a judicial function constitutionally vested in Chapter III courts.

Re Shift Energy Asia Limited [2025] HKCFI 6415

Court considered how the Guy Lam discretion operates where the existence of an arbitration agreement is itself in dispute.

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