Contracts (Rights of Thrid Parties) Bill (Hong Kong)
The Bill would enable a third party to seek to enforce rights under a contract if:-
(i) it could be demostrated that the contracting parties intended the third party to claim rights under it, and
(ii) the contracting out the effect of the Bill.
Absent such contracting out, the third party would be bound by the arbitration clause in the contract if it wished to pursue its right.
Reference:
1. Consultation Paper on Contracts (Rights of Third Parties) Bill 2013
2. Report on Privity of Contract - Hong Kong Law Reform
