HONG KONG 2026-2

High Court of the Hong Kong Special Administrative Region, Court of First Instance, 24 February 2025

(Techteryx Ltd (suing on behalf of itself and the First Defendant) v. Legacy Trust Company Limited et al.)

24 - 02 - 2025

HONG KONG 2026-2

Yearbook Yearbook Commercial Arbitration, S. W. Schill (ed.), Vol. LI (2026)
Jurisdiction Hong Kong
Summary

The Court of First Instance granted the application of the fifth defendant to stay the action commenced by the plaintiff, even though the plaintiff was not a signatory of the contract containing the arbitration clause. It explained that under Delaware law, which undisputedly applied to the arbitration agreement, nonsignatories may rely on arbitration clauses in situations of agency and equitable estoppel. Here, the fifth defendant could invoke the equitable estoppel doctrine, because the claims brought by the plaintiff were inextricably connected with the claims made against a signatory.

(The stay application of another defendant was granted by the Court in HONG KONG 2026-1.)

Related topics
221

The court discusses which law – lex fori, lex contractus, law of the State where the award will be made – applies specifically to determining whether an agreement to arbitrate is “null and void etc.“, and, by extension, which law applies to determining the validity of arbitration agreements.

Law applicable to "Null and void", etc. (for formal validity and applicable law, see Art. II, ¶204)
226

Multi-party disputes: The court discusses under which conditions non-signatories are covered by an arbitration agreement entered into by another party.

Third parties (see also Art. I sub F "problems concerning the identity of the respondent", ¶106)
HONG KONG 2026-2