A question of construction - Hong Kong court rules that arbitration clause in head contract was not incorporated into sub-contract

The question of whether an arbitration clause has been successfully incorporated into a contract is one that has come before the courts regularly, with different jurisdictions taking different approaches to what counts as effective incorporation.

Difficulties arise in particular in situations where chains of contracts collide, as in the typical construction scenario, and where the reference is to standard forms rather than individually negotiated contracts.

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