C V D

[2021] HKCFI 1474, Hong Kong Court of First Instance, Justice Godfrey Lam, 24 May 2021

Arbitration – Jurisdiction – Admissibility – Tribunal ruling that a condition precedent to arbitration in a dispute resolution clause had been complied with – Whether tribunal had exceeded jurisdiction – UNCITRAL Model Arbitration Law

The parties carried on business as owners and operators of satellites. On 15 December 2011 they entered into a Cooperation Agreement for the development and building of a satellite. Under the dispute resolution provisions of the Agreement, in the event that either party believed that the other was in material default, written notice was to be given requiring the default to be remedied. If that did not happen within 30 days, then the Agreement stated that the parties were to attempt in good faith to resolve the dispute, and there could be a reference to arbitration within 60 days.