Chapter: | 341 | ARBITRATION ORDINANCE | Gazette Number | Version Date |
ARBITRATION*
To make provision for arbitration in respect of civil matters.
[5 July 1963]
(Originally 22 of 1963)
Notes:
* For transitional provisions relating to previous amendments, see the Notes below
1. Section 26 of the Arbitration (Amendment) (No. 2) Ordinance 1989 (64 of 1989) provides as follows:
"26. Transitional - (1)
- An arbitration commenced, within the meaning of section 31(1) of the principal Ordinance, after the commencement of the principal Ordinance but before the commencement@ of this Ordinance shall be governed by the principal Ordinance as if this Ordinance had not been enacted.
- (2)
- An arbitration commenced, within the meaning of section 31(1) of the principal Ordinance, after the commencement@ of this Ordinance under an agreement made before the commencement@ of this Ordinance shall be subject to sections 2B, 2E and 14(3A) of the principal Ordinance but, subject to that, shall be governed by the principal Ordinance as if this Ordinance had not been enacted.".
@ Commencement date: 6 April 1990.
2. Section 18 of the Arbitration (Amendment) Ordinance 1996 (75 of 1996) provides as follows:
"18. Transitional provisions - (1)
- A provision of this Ordinance applies to and in relation to an agreement entered into before or after the commencement# of the provision. However, such a provision does not apply to or in relation to an arbitration commenced before the commencement# of the provision and in that case the provisions of the principal Ordinance that were in force immediately before that commencement continue to apply to and in relation to the arbitration in so far as it has not been completed.
- (2)
- In this section "commenced", in relation to an arbitration, means commenced within the meaning of section 31(1) of the principal Ordinance.".
# Commencement date: 27 June 1997.
3. Section 12 of the Arbitration (Amendment) Ordinance 2000 (2 of 2000) provides as follows:
"12. Transitional
Notwithstanding the repeal of Part III of the Arbitration Ordinance (Cap 341) by section 4, an award to which that Part applied immediately before the commencement+ of that section shall be governed by the Arbitration Ordinance (Cap 341) in force immediately before that commencement, as if this Ordinance had not been enacted.".
+ Commencement date: 1 February 2000. Section: | 1 | Short title | | 30/06/1997 |
PART I
PRELIMINARY
(Replaced 75 of 1996 s. 2)
This Ordinance may be cited as the Arbitration Ordinance.
Remarks:
Adaptation amendments retroactively made - 2 of 2000 s. 3
(1) In this Ordinance, unless the context otherwise requires- (Amended 64 of 1989 s. 2) "arbitral tribunal" (仲裁庭) means a sole arbitrator or a panel of arbitrators, and includes an umpire; (Added 75 of 1996 s. 3) "arbitration agreement" (仲裁協議) has the same meaning as in article 7(1) of the UNCITRAL Model Law;
(Replaced 64 of 1989 s. 2)
"claimant" (申索人) includes a person who makes a counter-claim; (Added 75 of 1996 s. 3)
"conciliation" (調解) includes mediation; (Added 75 of 1996 s. 3)
"Convention award" (公約裁決) means an award to which Part IV applies, namely, an award made in pursuance of an arbitration agreement in a State or territory, other than China or any part thereof, which is a party to the New York Convention; (Added 85 of 1975 s. 2. Amended 2 of 2000 s. 3)
"Court" (法院) means the Court of First Instance; (Amended 92 of 1975 s. 59; 25 of 1998 s. 2)
"dispute" (爭議) includes a difference; (Added 64 of 1989 s. 2)
"domestic arbitration agreement" (本地仲裁協議) means an arbitration agreement that is not an international arbitration agreement; (Added 64 of 1989 s. 2)
"function" (職能) includes a power and a duty; (Added 75 of 1996 s. 3)
"HKIAC" (香港國際仲裁中心) means Hong Kong International Arbitration Centre, a company incorporated in Hong Kong under the Companies Ordinance (Cap 32) and limited by guarantee; (Added 75 of 1996 s. 3)
"international arbitration agreement" (國際仲裁協議) means an arbitration agreement pursuant to which an arbitration is, or would if commenced be, international within the meaning of article 1(3) of the UNCITRAL Model Law; (Added 64 of 1989 s. 2)
"the Mainland" (內地) means any part of China other than Hong Kong, Macau and Taiwan; (Added 2 of 2000 s. 3)
"Mainland award" (內地裁決) means an arbitral award made on the Mainland by a recognized Mainland arbitral authority in accordance with the Arbitration Law of the People's Republic of China; (Added 2 of 2000 s. 3)
"the New York Convention" (紐約公約) means the Convention on the Recognition and Enforcement of Foreign Arbitral Awards adopted by the United Nations Conference on International Commercial Arbitration on 10 June 1958 the text of which is set out in the Third Schedule; (Added 85 of 1975 s. 2)
"recognized Mainland arbitral authority" (認可內地仲裁當局) means an arbitral authority which is specified in the list of Mainland arbitral authorities provided from time to time for the purposes of this definition to the Government by the Legislative Affairs Office of the State Council of the People's Republic of China via the
Hong Kong and Macau Affairs Office; (Added 2 of 2000 s. 3) "the UNCITRAL Model Law" (聯合國國際貿易法委員會示範法) means the Model Law on International Commercial Arbitration adopted by the United Nations Commission on International Trade Law on 21 June 1985, the text of which is set out in the Fifth Schedule. (Added 64 of 1989 s. 2. Amended 56 of 1991 s. 2) (Amended 2 of 2000 s. 3)
(2) (Repealed 75 of 1996 s. 3)
(3) In interpreting and applying the provisions of the UNCITRAL Model Law, regard shall be had to its international origin and to the need for uniformity in its interpretation, and regard may be had to the documents specified in the Sixth Schedule. (Added 64 of 1989 s. 2) - (4) In the UNCITRAL Model Law a reference to-
- (a) "this State" (本國) shall be treated as being a reference to Hong Kong;
- (b) "any agreement in force between this State and any other State or States" (本國與其他任何一國或
多國之間有效力的任何協定) shall be treated as being a reference to any agreement that binds Hong Kong and any other place and that has the force of law in Hong Kong;
- (c) "a State" (一國) shall be treated as including a reference to Hong Kong; and
- (d) "different States" (不同的國家) shall be treated as including a reference to Hong Kong and any other place. (Added 64 of 1989 s. 2)
- (5) A note located in the text of this Ordinance is provided for information only and has no legislative effect.
(Added 75 of 1996 s. 3) [cf. 1975 c. 3 s. 7(1) U.K.] Section: | 2AA | Objective and principles of Ordinance | | 30/06/1997 |
- (1) The object of this Ordinance is to facilitate the fair and speedy resolution of disputes by arbitration without unnecessary expense.
(2) This Ordinance is based on the principles that- - (a) subject to the observance of such safeguards as are necessary in the public interest, the parties to a dispute should be free to agree how the dispute should be resolved; and
- (b) the Court should interfere in the arbitration of a dispute only as expressly provided by this Ordinance. (Added 75 of 1996 s. 4)
- (1) This Ordinance (other than the provisions specified in subsection (3)) applies to arbitrations under every other Ordinance, whether passed before or after the commencement of this section, as if-
- (a) the arbitration were under a domestic arbitration agreement; and
- (b) the other enactment were such an agreement.
- (2) Subsection (1) has effect only in so far as this Ordinance is consistent with that other enactment and with any rules or procedure authorized or recognized by that other enactment.
Section: | 2AB | Ordinance to apply to statutory arbitrations | | 30/06/1997 |
(3) The provisions referred to in subsection (1) are sections 2GD, 2GJ(3), 4(1), 5, 7, 26 and 27. (Amended 80
of 1997 s. 102) (Added 75 of 1996 s. 4) Section: | 2AC | Arbitration agreement to be in writing | | 30/06/1997 |
- (1) An agreement is not an arbitration agreement for the purposes of this Ordinance unless it is in writing.
- (2) An agreement is in writing for the purposes of subsection (1) if-
- (a) the agreement is in a document, whether signed by the parties or not; or
- (b) the agreement is made by an exchange of written communications; or
- (c) although the agreement is not itself in writing, there is evidence in writing of the agreement; or
- (d) the parties to the agreement agree otherwise than in writing by referring to terms that are in writing; or
- (e) the agreement, although made otherwise than in writing, is recorded by one of the parties to the agreement, or by a third party, with the authority of each of the parties to the agreement; or
- (f) there is an exchange of written submissions in arbitral or legal proceedings in which the existence of an agreement otherwise than in writing is alleged by one party against another party and is not denied by the other party in response to the allegation.
- (3) A reference in an agreement-
(a) to a written form of arbitration clause; or - (b) to a document containing an arbitration clause, constitutes an arbitration agreement if the reference is such as to make that clause part of the agreement.
(4) In this section "writing" (書面) includes any means by which information can be recorded.
- (5) This section applies to all agreements that would, if they were arbitration agreements, be either domestic arbitration agreements or international arbitration agreements and applies to those agreements to the exclusion of article 7(2) of the UNCITRAL Model Law.
(Added 75 of 1996 s. 4) Section: | 2AD | Application (Part IA) | | 30/06/1997 |
Application of Part
This Part applies to arbitration proceedings conducted under both domestic arbitration agreements and international arbitration agreements. (Added 75 of 1996 s. 6) Section: | 2A | Appointment of conciliator | | 30/06/1997 |
PART IA
PROVISIONS APPLICABLE TO DOMESTIC AND INTERNATIONAL ARBITRATION (Replaced 75 of 1996 s. 5) - (1)
- In any case where an arbitration agreement provides for the appointment of a conciliator by a person who is not one of the parties and that person refuses to make the appointment or does not make it within the time specified in the agreement or, if no time is so specified, within a reasonable time of being requested by any party to the agreement to make the appointment, the Court or a judge thereof may, on the application of any party to the agreement, appoint a conciliator who shall have the like powers to act in the conciliation proceedings as if he had been appointed in accordance with the terms of the agreement. (Amended 64 of 1989 s. 4)
- (2)
- Where an arbitration agreement provides for the appointment of a conciliator and further provides that the person so appointed shall act as an arbitrator in the event of the conciliation proceedings failing to produce a settlement acceptable to the parties-
- (a)
- no objection shall be taken to the appointment of such person as an arbitrator, or to his conduct of the arbitration proceedings, solely on the ground that he had acted previously as a conciliator in connection with some or all of the matters referred to arbitration;
- (b)
- if such person declines to act as an arbitrator any other person appointed as an arbitrator shall not be required first to act as a conciliator unless a contrary intention appears in the arbitration agreement.
- (3)
- Unless a contrary intention appears therein, an arbitration agreement which provides for the appointment of a conciliator shall be deemed to contain a provision that in the event of the conciliation proceedings failing to produce a settlement acceptable to the parties within 3 months, or such longer period as the parties may agree to, of the date of the appointment of the conciliator or, where he is appointed by name in the arbitration agreement, of the receipt by him of written notification of the existence of a dispute the proceedings shall thereupon terminate.
(4) (Repealed 64 of 1989 s. 4)
- (1)
- If all parties to a reference consent in writing, and for so long as no party withdraws in writing his consent, an arbitrator or umpire may act as a conciliator.
(2) An arbitrator or umpire acting as conciliator- - (a)
- may communicate with the parties to the reference collectively or separately;
- (b)
- shall treat information obtained by him from a party to the reference as confidential, unless that party otherwise agrees or unless subsection (3) applies.
- (3)
- Where confidential information is obtained by an arbitrator or umpire from a party to the reference during conciliation proceedings and those proceedings terminate without the parties reaching agreement in settlement of their dispute, the arbitrator or umpire shall, before resuming the arbitration proceedings, disclose to all other parties to the reference as much of that information as he considers is material to the arbitration proceedings.
Section: | 2B | Power of arbitrator to act as conciliator | | 30/06/1997 |
(4) No objection shall be taken to the conduct of arbitration proceedings by an arbitrator or umpire solely on
the ground that he had acted previously as a conciliator in accordance with this section. (Added 64 of 1989 s. 5) Section: | 2C | Settlement agreements | | 30/06/1997 |
If the parties to an arbitration agreement reach agreement in settlement of their dispute and enter into an agreement in writing containing the terms of settlement (the "settlement agreement") the settlement agreement shall, for the purposes of its enforcement, be treated as an award on an arbitration agreement and may, by leave of the Court or a judge thereof, be enforced in the same manner as a judgment or order to the same effect and, where leave is so given, judgment may be entered in terms of the agreement.
(Added 64 of 1989 s. 5) Section: | 2D | Proceedings to be heard otherwise than in open court | | 30/06/1997 |
Proceedings under this Ordinance in the Court or Court of Appeal shall on the application of any party to the proceedings be heard otherwise than in open court. (Added 64 of 1989 s. 5) Section: | 2E | Restrictions on reporting of proceedings heard otherwise than in open court | | 30/06/1997 |
- (1)
- This section applies to proceedings under this Ordinance in the Court or Court of Appeal heard otherwise than in open court.
- (2)
- A court in which proceedings to which this section applies are being heard shall, on the application of any party to the proceedings, give directions as to what information, if any, relating to the proceedings may be published.
(3) A court shall not give a direction under subsection (2) permitting information to be published unless- - (a)
- all parties to the proceedings agree that such information may be published; or
- (b)
- the court is satisfied that the information, if published in accordance with such directions as it may give, would not reveal any matter, including the identity of any party to the proceedings, that any party to the proceedings reasonably wishes to remain confidential.
- (4)
- Notwithstanding subsection (3), where a court gives a judgment in respect of proceedings to which this section applies and considers that judgment to be of major legal interest, it shall direct that reports of the judgment may be published in law reports and professional publications but, if any party to the proceedings reasonably wishes to conceal any matter, including the fact that he was such a party, the court shall-
- (a)
- give directions as to the action that shall be taken to conceal that matter in those reports; and
- (b)
- if it considers that a report published in accordance with directions given under paragraph (a) would be likely to reveal that matter, direct that no report shall be published until after the end of such period, not exceeding 10 years, as it considers appropriate.
(Added 64 of 1989 s. 5) Section: | 2F | Representation and preparation work | | 30/06/1997 |
For the avoidance of doubt, it is hereby declared that sections 44, 45 and 47 of the Legal Practitioners Ordinance (Cap 159) do not apply to - (a)
- arbitration proceedings;
- (b)
- the giving of advice and the preparation of documents for the purpose of arbitration proceedings;
- (c)
- any other thing done in relation to arbitration proceedings except where it is done in connection with court proceedings arising out of an arbitration agreement or arising in the course of, or resulting from, arbitration proceedings.
(Added 64 of 1989 s. 5) Section: | 2G | Costs in respect of unqualified person | | 30/06/1997 |
Section 50 of the Legal Practitioners Ordinance (Cap 159), (which provides that no costs in respect of anything done by an unqualified person acting as a solicitor shall be recoverable in any action, suit or matter) shall not apply to the recovery of costs directed by an award.
(Added 64 of 1989 s. 5)
Cap 341 - ARBITRATION ORDINANCE
Conduct of Arbitration Proceedings - (1)
- When conducting arbitration proceedings or exercising any of the powers conferred on it by this Ordinance or by the parties to any such proceedings, an arbitral tribunal is required-
- (a)
- to act fairly and impartially as between the parties, giving them a reasonable opportunity to present their cases and to deal with the cases of their opponents; and
- (b)
- to use procedures that are appropriate to the particular case, avoiding unnecessary delay and expense, so as to provide a fair means for resolving the dispute to which the proceedings relate.
- (2)
- When conducting arbitration proceedings, an arbitral tribunal is not bound by the rules of evidence and can receive any evidence that it considers relevant to the proceedings, but must give such weight to the evidence adduced in the proceedings as it considers appropriate.
(Added 75 of 1996 s. 7)
- (1)
- When conducting arbitration proceedings, an arbitral tribunal may make orders or give directions dealing with any of the following matters-
- (a)
- requiring a claimant to give security for the costs of the arbitration;
- (b)
- requiring money in dispute to be secured;
- (c)
- directing the discovery of documents or the delivery of interrogatories;
- (d)
- directing evidence to be given by affidavit;
- (e)
- in relation to relevant property
- (i)
- directing the inspection, photographing, preservation, custody, detention or sale of the property by the tribunal, a party to the proceedings or an expert; or
- (ii)
- directing samples to be taken from, observations to be made of, or experiments to be conducted on the property;
- (f)
- granting interim injunctions or directing other interim measures to be taken.
(2) Property is relevant property for the purposes of subsection (1)(e) if- - (a)
- the property is owned by or is in the possession of a party to the proceedings; and
- (b)
- the property is subject to the proceedings, or any question relating to the property arises in the proceedings.
- (3)
- An arbitral tribunal must not make an order requiring a claimant to provide security for costs only on the ground that the claimant-
- (a)
- is a natural person who is ordinarily resident outside Hong Kong; or
- (b)
- is a body corporate that is incorporated, or an association that is formed, under a law of a place outside Hong Kong, or whose central management and control is exercised outside Hong Kong.
(4) An arbitral tribunal - (a)
- must, when making an order to provide security for costs, specify a period within which the order is to be complied with; and
- (b)
- may extend that period or an extended period.
- (5)
- An arbitral tribunal may dismiss or stay a claim if it has made an order requiring the claimant to provide security for costs and the order has not been complied with within the period allowed under subsection (4).
- (6)
- In conducting arbitration proceedings, an arbitral tribunal may decide whether and to what extent it should itself take the initiative in ascertaining the facts and the law relevant to those proceedings.
(7) An arbitral tribunal may - (a)
- administer oaths to, or take the affirmations of, witnesses and parties; and
- (b)
- examine witnesses and parties on oath or affirmation; and
- (c)
- direct the attendance before the tribunal of witnesses in order to give evidence or to produce documents or other material evidence.
- (8)
- A person cannot be required to produce in arbitration proceedings any document or other material evidence that the person could not be required to produce in civil proceedings before a court.
(9) Subsections (6) and (7) are subject to any agreement to the contrary of the parties to the relevant arbitration proceedings.
(Added 75 of 1996 s. 7)
(1) Subject to subsection (1A), the Court or a judge of the Court may, in relation to particular arbitration proceedings which have been or are to be commenced in Hong Kong or in a place outside Hong Kong, do any of the following— (Amended 3 of 2008 s. 11) - (a) make an order directing an amount in dispute to be secured;
- (b) in relation to relevant property—
- (i) make an order directing the inspection, photographing, preservation, custody, detention or sale of the property by the tribunal, a party to the proceedings or an expert; or
- (ii) make an order directing samples to be taken from, observations to be made of, or experiments to be conducted on the property;
- (c) grant an interim injunction or direct any other interim measure to be taken.
(1A) In relation to arbitration proceedings that have been or are to be commenced in a place outside Hong Kong, the Court or a judge of the Court, may make an order under subsection (1), grant an interim injunction or direct any other interim measure to be taken under that subsection, only if the arbitration proceedings are capable of giving rise to an arbitral award (whether interim or final) which may be enforced in Hong Kong under this Ordinance or any other Ordinance. (Added 3 of 2008 s. 11)
(1B) Subsection (1A) applies notwithstanding that— - (a) the subject matter of the arbitration proceedings would not, apart from that subsection, give rise to a cause of action over which the Court or a judge of the Court would have jurisdiction; or
- (b) the order sought, the interim injunction or other interim measure is not ancillary or incidental to any arbitration proceedings in Hong Kong. (Added 3 of 2008 s. 11)
(1C) In exercising the power under subsection (1) in relation to arbitration proceedings in a place outside Hong Kong, the Court or a judge of the Court, shall have regard to the fact that the power is— - (a) ancillary to arbitration proceedings outside Hong Kong; and
- (b) for the purpose of facilitating the process of a court or arbitral tribunal outside Hong Kong that has primary jurisdiction over the arbitration proceedings. (Added 3 of 2008 s. 11)
(1D) The Court or a judge of the Court, has the same power to make any incidental order or direction for the purpose of ensuring the effectiveness of interim relief granted in relation to arbitration proceedings in a place outside Hong Kong as if the interim relief were granted in relation to arbitration proceedings in Hong Kong. (Added 3 of 2008 s. 11)
(1E) In subsection (1D), “interim relief” (臨時濟助) means— - (a) an order made under subsection (1);
- (b) an interim injunction granted under that subsection; or
- (c) any other interim measure directed to be taken under that subsection. (Added 3 of 2008 s. 11)
(2) Property is relevant property for the purposes of subsection (1)(b) if— - (a) the property is owned by or is in the possession of a party to the arbitration proceedings concerned; and
- (b) the property is subject to the proceedings, or any question relating to the property has arisen in those proceedings.
- (3) The Court or a judge of the Court may order a person to attend proceedings before an arbitral tribunal to give evidence or to produce documents or other material evidence.
- (4) The Court or a judge of the Court may also order a writ of habeas corpus ad testificandum to be issued requiring a prisoner to be taken for examination before an arbitral tribunal.
- (5) The powers conferred by this section can be exercised irrespective of whether or not similar powers may be exercised under section 2GB in relation to the same dispute.
- (6) The Court or a judge of the Court may decline to make an order under this section in relation to a matter referred to in subsection (1) on the ground that—
- (a) the matter is currently the subject of arbitration proceedings; and
- (b) the Court or the judge considers it more appropriate for the matter to be dealt with by the relevant arbitral tribunal.
(Added 75 of 1996 s. 7) Section: | 2GD | Power to extend time for arbitration proceedings | | 30/06/1997 |
- (1)
- This section applies to an arbitration agreement to refer future disputes to arbitration that provides for a claim to be barred, or for a claimant's right to be extinguished, unless the claimant, before a time or within a period fixed by the agreement, takes a step
- (a)
- to commence arbitration proceedings; or
- (b)
- to commence some other dispute resolution procedure that must be exhausted before arbitration proceedings can be commenced.
- (2)
- On the application of a party to an arbitration agreement to which this section applies, an arbitral tribunal may, in accordance with this section, make an order extending the period for taking a step of the kind referred to in subsection (1).
- (3)
- An application may be made only after a claim has arisen and after exhausting any available arbitral procedure for obtaining an extension of time.
- (4)
- An applicant must give notice of the application to the other parties within 7 days after making it. Those other parties are entitled to be heard when the application is determined.
(5) An arbitral tribunal may make an order under this section extending a period only if it is satisfied that- - (a)
- the circumstances were such as to be outside the reasonable contemplation of the parties when they entered into the arbitration agreement, and that it would be just to extend the period; or
- (b)
- the conduct of one party makes it unjust to hold the other parties to the strict terms of the agreement.
- (6)
- An arbitral tribunal may extend a period for such further period and on such terms as it thinks fit, and may do so even though the period previously fixed (whether by agreement or by a previous order) has expired.
- (7)
- This section does not affect the operation of any enactment that limits the period for commencing arbitration proceedings.
(8) The power conferred on an arbitral tribunal by this section is exercisable by the Court or a judge of the
Court if at the relevant time there is not in existence an arbitral tribunal that is capable of exercising it. (Added 75 of 1996 s. 7) Section: | 2GE | Delay in prosecuting claims | | 30/06/1997 |
- (1)
- There is an implied term in every arbitration agreement that a party who has a claim under the agreement will prosecute the claim without delay if the claim relates to a dispute that is capable of settlement by arbitration. This subsection is subject to any express term in the agreement to the contrary.
(2) In arbitration proceedings before an arbitral tribunal, the tribunal may make an order- (a) dismissing a party's claim; and
- (b)
- prohibiting the party from commencing further arbitration proceedings in respect of the claim, if satisfied that the party or the party's adviser has unreasonably delayed in bringing or prosecuting the claim.
- (3)
- Such an order may be made either on the initiative of the arbitral tribunal or on the application of another party to the arbitration proceedings before the tribunal.
- (4)
- For the purposes of subsection (2), delay is unreasonable if-
- (a)
- it gives rise, or is likely to give rise, to a substantial risk that the issues in the claim will not be resolved fairly; or
- (b)
- it has caused, or is likely to cause, serious prejudice to the other parties to the arbitration proceedings.
- (5)
- The power conferred on an arbitral tribunal by this section is exercisable by the Court or a judge of the
Court if at the relevant time there is not in existence an arbitral tribunal that is capable of exercising it. (Added 75 of 1996 s. 7) Section: | 2GF | Decision of arbitral tribunal | | 30/06/1997 |
In deciding a dispute, an arbitral tribunal may award any remedy or relief that could have been ordered by the Court if the dispute had been the subject of civil proceedings in the Court. This section is subject to section 17. (Added 75 of 1996 s. 7) Section: | 2GG | Enforcement of decisions of arbitral tribunal | 38 of 2000 | 23/06/2000 |
- (1)
- An award, order or direction made or given in or in relation to arbitration proceedings by an arbitral tribunal is enforceable in the same way as a judgment, order or direction of the Court that has the same effect, but only with the leave of the Court or a judge of the Court. If that leave is given, the Court or judge may enter judgment in terms of the award, order or direction. (Added 75 of 1996 s. 7. Amended 38 of 2000 s. 2)
- (2)
- Notwithstanding anything in this Ordinance, this section applies to an award, order and direction made or given whether in or outside Hong Kong. (Added 38 of 2000 s. 2)
Interest
- (1)
- An arbitral tribunal may, in arbitration proceedings before it, award simple or compound interest from such dates, at such rates, and with such rests as the tribunal considers appropriate for any period ending not later than the date of payment-
- (a)
- on money awarded by the tribunal in the proceedings; or
- (b)
- on money claimed in, and outstanding at the commencement of, the proceedings but paid before the award is made.
Section: | 2GH | Arbitral tribunal may award interest | | 30/06/1997 |
(2) Subsection (1) does not affect any other power of an arbitral tribunal to award interest, but is subject to any
agreement of the parties to the contrary. (Added 75 of 1996 s. 7) Section: | 2GI | Rate of interest on money awarded in arbitration proceedings | | 30/06/1997 |
Interest is payable on the amount of an award from the date of the award at the same rate as for a judgment debt, except when the award otherwise provides. (Added 75 of 1996 s. 7) Section: | 2GJ | Costs of arbitration proceedings | | 30/06/1997 |
Costs, Fees and Expenses
(1) An arbitral tribunal may include in an award directions with respect to the costs of the relevant arbitration proceedings (including the fees and expenses of the tribunal) and in so doing may do all or any of the following - (a)
- direct to whom and by whom and in what manner costs of arbitration proceedings are to be paid;
- (b)
- tax and settle the amount of costs to be so paid;
- (c)
- direct costs to be paid on any basis on which the Court can award costs in civil proceedings before the
Court. This subsection is subject to any contrary provision of the relevant arbitration agreement. - (2)
- Costs awarded in respect of arbitration proceedings (other than the fees or expenses of the arbitral tribunal) are taxable by the Court, unless the award otherwise directs. This subsection does not limit the operation of section 21(1).
- (3)
- A provision of an arbitration agreement to the effect that the parties, or any of the parties, to the agreement must pay their own costs in respect of arbitration proceedings arising under the agreement is void. However, such a provision is not void if it is part of an agreement to submit to arbitration a dispute that had arisen before the agreement was made.
- (4)
- If an award does not provide for payment of the costs of the relevant arbitration proceedings, any party to the proceedings may apply to the arbitral tribunal for an order directing by whom and to whom those costs are to be paid. Such an application must be made within 30 days after the notification of the award or within such further period as the arbitral tribunal allows.
- (5)
- On receiving an application under subsection (4) and after hearing any of the parties who wish to be heard, the arbitral tribunal may amend the award by adding such directions with respect to the payment of the costs of the arbitration proceedings as the tribunal considers appropriate.
- (6) Section 70 of the Legal Practitioners Ordinance (Cap 159) applies to arbitration proceedings under this Ordinance in the same way as it applies to proceedings before the Court. Note: Section 70 of the Legal Practitioners Ordinance (Cap 159) empowers a court before which proceedings are
being heard or are pending to declare a solicitor employed in connection with the proceedings to be entitled to a charge on property recovered or preserved in the proceedings. (Added 75 of 1996 s. 7)
- (1) The parties to proceedings before an arbitral tribunal are jointly and severally liable to pay to the tribunal such reasonable fees and expenses (if any) of the tribunal as are appropriate in the circumstances.
- (2) Subsection (1) has effect subject to any order of the Court under this Ordinance relating to fees (if any) payable to an arbitrator or umpire who has resigned or has been removed from office or whose authority as an arbitrator or umpire has been revoked.
- (3) Nothing in this section affects-
- (a) the liability of the parties to arbitration proceedings as among themselves to pay the costs of the proceedings; or
- (b) any contractual right or obligation relating to payment of the fees and expenses of the arbitral tribunal.
- (4) In this section, a reference to an arbitral tribunal includes-
- (a) a reference to a member of the tribunal who has ceased to act; and
- (b) a reference to an umpire who has not yet replaced members of the tribunal. (Added 75 of 1996 s. 7)
- (1) An arbitral tribunal may direct that the recoverable costs of arbitration proceedings before it are limited to a specified amount, unless the parties have agreed to the contrary.
- (2) Such a direction can be varied at any stage of the arbitration proceedings, but only if the variation can be made sufficiently in advance of when the relevant costs are incurred, or the relevant steps in the proceedings are taken, so that the limit can be taken into account.
Section: | 2GK | Liability to pay fees of arbitral tribunal | | 30/06/1997 |
Section: | 2GL | Arbitral tribunal may limit amount of recoverable costs | | 30/06/1997 |
(3) In this section "arbitration proceedings" (仲裁程序) includes any part of those proceedings. (Added 75 of 1996 s. 7) Section: | 2GM | Arbitral tribunal to be liable for certain acts and omissions | | 30/06/1997 |
Liability for Certain Acts and Omissions - (1) An arbitral tribunal is liable in law for an act done or omitted to be done by the tribunal, or by its employees or agents, in relation to the exercise or performance or the purported exercise or performance of the tribunal's arbitral functions only if it is proved that the act was done or omitted to be done dishonestly.
- (2) An employee or agent of an arbitral tribunal is liable in law for an act done or omitted to be done by the employee or agent in relation to the exercise or performance or the purported exercise or performance of the tribunal's arbitral functions only if it is proved that the act was done or omitted to be done dishonestly.
(Added 75 of 1996 s. 7) Section: | 2GN | Appointors and administrators to be liable only for certain acts and omissions | | 30/06/1997 |
(1) A person- - (a) who appoints an arbitral tribunal; or
- (b) who exercises or performs any other function of an administrative nature in connection with arbitration
proceedings, is liable in law for the consequences of doing or omitting to do an act in the exercise or performance or the purported exercise or performance of the function only if it is proved that the act was done or omitted to be done dishonestly.
Cap 341 - ARBITRATION ORDINANCE
(Amended 80 of 1997 s. 102)