Lucky-Goldstar International (H.K.) Ltd v. Ng Moo Kee Engineering Ltd

[1994] Arb. & Disp. Resol. L.J. 49 (1994)

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Lucky-Goldstar International (H.K.) Ltd v. Ng Moo Kee Engineering Ltd

Hong Kong Court of First Instance
[1994] Arb. & Disp. Resol. L.J. 49 (1994)

Facts

In December 1990, Lucky-Goldstar International (H.K.) Ltd (Lucky-Goldstar) (plaintiff) entered a contract to sell five sets of elevators to Ng Moo Kee Engineering Ltd (Ng Moo) (defendant). The written agreement contained a dispute-resolution clause that any dispute that could not be resolved between the parties would be referred to an arbitrator in “the 3rd Country” under the rules of “the 3rd County” and the International Commercial Arbitration Association. When a dispute arose between the parties, Lucky-Goldstar filed a lawsuit, and Ng Moo sought to stay the lawsuit. Both Lucky-Goldstar and Ng Moo agreed that the phrase “3rd Country” likely meant any country other than Hong Kong and South Korea. However, Lucky-Goldstar argued that no binding arbitration agreement existed between the parties because the contract was inoperative or incapable of being performed. Lucky-Goldstar argued a common mistake existed in the signed contract because the parties had not identified a specific country for arbitration or a specific set of rules governing the arbitration. Ng Moo sought to compel arbitration under Article 8 of the Model Law.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

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