When does “may” mean “shall”? Hong Kong Court rejects argument that permissive language creates either a binding arbitration agreement or a right to compel arbitration

In The Incorporated Owners of Wing Fai Building, Shui Wo Street v Golden Rise (HK) Project Company Limited DCCJ 225/2016, a Hong Kong court considered the effect of a dispute resolution clause that provided that parties "may" refer disputes to arbitration (click here for the full judgment). The Defendant applied for a stay of proceedings … Read more