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 | Practical Law

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 | Practical Law

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.

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

by Simon Chapman (Partner), Martin Wallace (Senior Associate) and Briana Young (Professional Support Consultant), Herbert Smith Freehills
Published on 12 Jul 2016 • Hong Kong - PRC
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.