ARBITRATION ORDINANCE

ARBITRATION ORDINANCE

LAWS OF HONG KONG

ARBITRATION ORDINANCE

CHAPTER 341





CHAPTER 341

ARBITRATION ORDINANCE

ARRANGEMENT OF SECTIONS

Section Page
PART I

CITATION AND INTERPRETATION
1. Short title ... ... ... ... ... ... ... ... ... ... ... ... ... ... 3
2. Interpretation ... ... ... ... ... ... ... ... ... ... ... ... ... ... 3

PART IA

2A. Appointment of conciliator ... ... ... ... ... ... ... ... ... ... ... ... 3

PART II

ARBITRATION WITHIN THE COLONY

Effect of Arbitrition'Agreements, etc.

3. Authority of arbitrators and umpires to be irrevocable ...
... ... ... 4
4. Death of party . ... ... ... ... ... ... ... ... ... ... ... ... ... ... 5
5. Bankruptcy ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 5
6. Staying court proceedings where there is submission to arbitration ... ... 5
6A. Staying court proceeding arbitration ALargement ... ... ... 5
6B. Consolidation of arbitrations ... ... ... ... ... ... ... ... ... ... ... 6
7. Reference of interpleader issues to arbitration ... ... ...
... ... ... ... ... 7

Arbitrators and Umpires

8. When reference is to a single arbitrator ... ... ... ... ... ... ... ... ... 7
9. Power of parties in certain cases to supply vacancy ... ... ... ... ... ... ... 7
10. Umpires ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 7
11. Majority award of 3 arbitrators ... ... ... ... ... ... ... ... ... ... ... 8
12. Power of Court in certain cases to appoint an arbitrator or umpire 8
13. Reference to official referee ... ... ... ... ... ... ... ... ... ... ... ... 9
13A. Power of judges to take arbitrations ... ... ... ... ... ... ... ... ... ... 9

Conduct of Proceedings, Witnesses, etc.

14. Conduct of proceedings, witnesses, etc . ... ... ... ... ... ... ... 9

Provisions as to A wards

15. Time for making award ... ... ... ... ... ... ... ... ... .. ... ... 11

16. interim awards ... ... ... ... ... ... ... ... ... ... ... ... ... ... 11
17. Specific performance ...
... ... ... ... ... ... .... ... ... ... ... ... 11
18. Awards to be final ... ... ... ... ... ... . ... ... ... ... .11
19. Power to correct slips ...
... ... ... ... ... ... ... ... ... ... ... ... 11

Costs, Fees and Interest

20. Costs ... ... .. ... ... ... ... ... ... ... ... ... ... ... 12

21. Taxation of arbitrator's or umpire's fees ... ... ... ... ... 12
22. Interest on awards ... ... ... ... ... ... ... ... ... ... ... ... ... 13





Section Page

Judicial Determination of Preliminary Point of Law,
Exclusion Agreements, Interlocutory Orders,
Remission and Setting aside of Awards, etc.

23. Judicial review of arbitration awards ... ... ... ... . ... ... ... ... 13

23A. Determination of preliminary point of law by Court ... ... ... ... ... ... 14
23B. Exclusion agreements affecting rights under sections 23 and 23A ... ... ... ... 15
23C. Interlocutory orders ... ... ... ... ... ... ... ... ... ... ... ... ... 16
24. Power to remit award ... ... ... ... ... ... ... ... ... ... ... ... ... 17
25. Removal of arbitrator and setting aside of award ... ... ... ... ... ... ... 17
26. Power of Court to give relief where arbitrator is not impartial or the dispute
involves question of fraud ... ...
... ... ... ... ... ... ... ... ... 17
27. Power of Court where arbitrator is removed ved or authority of arbitrator is
revoked ... 18

Enforcement of Award

28. Enforcement of Award... ... ... ... ... ... ... ... ... ... ... ... ... 18

Miscellaneous

29. Power of Court to extend time for commencing arbitration proceedings ... ... 19
29A. Delay in prosecuting claims ... ... ... ... ... . ... ... ... ...
30. Terms as to costs, etc. ... ... ... ... ... ... ... ... ... ... ... ... ... 19
31. Commencement of arbitration ... ... ... ... ... ... ... ... ... ... ... 20
32. Crown to be bound ... ... ... ... ... ... ... ... ... ... ... ... ... 20
33. Application of Part II to statutory arbitrations ... ... ... ... -20
34. Transitional-Part II ... ... ... ... ... ... ... ... ... ... ... ... ... 20

PART III

ENFORCFNIENT OFCERTAIN FOREIGN
AWARDS

35. Awards to which Part III applies ... ... ... ... ... ... ... ... ... ... 21
36. Effect of foreign awards ... ... ... ... ... ... ... ... ... ... ... ... 21
37. Conditions for enforcement of foreign awards ... ... ... ... ... ... ... ... 21
38. Evidence ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 22
39. Meaning of 'final award' ... ... ... ... ... ... ... ... ... ... ... ... 23
40. Saving for other rights, etc . ... ... ... ... ... ... ... ... ... ... ... ... 23

PART IV

ENFORCEMENT OF CONVENTION
AWARDS

41. Replacement of former provisions ... ... ... ... ... ... ... ... ... 23
42. Effect of Convention awards ... ... ... ... ... ... ... ... ... ... ... 23
43. Evidence ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 23
44. Refusal of enforcement .. ... ... ... . ... ... ... ... ... ... 23
45. Saving ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... . 24
46. Order to be conclusive evidence ... ... ... ... ... ... ... ... ...

First Schedule. Protocol on Arbitration Clauses ... ... ... ... ... ... ... ... ... 25
Second Schedule. Convention on the Execution of Foreign Arbitral Awards ... ... ... 26

Third Schedule. Convention on the Recognition and Enforcement of Foreign
Arbitral, Awards. Done at New York, on 10 June 1958 ... ... ... ... ... 28
Fourth Schedule. Application of this Ordinance to Judge-Arbitrators ... ... ... ... ... 32











CHAPTER 341

ARBITRATION

To make provision for arbitration in respect of civil matters.

[5 July 1961]

PART I

CITATION AND
INTERPRETATION

1. This Ordinance may be cited as the Arbitration Ordinance.

2. In this Ordinance, unless the context otherwise
requires,,arbitration means an agreement in writing (including
an agreement containe in an exchange of letters or telegrams)

to submit to arbitration present or future differences capable
.of settlement by arbitration whether an arbitrator is named
therein or not; (Replaced, 85 of 1975, s. 2)

'Convention award' 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 Hong Kong, which is a party to the New
York Convention; (Added, 85 of 1975, s. 2)

Court means the High Court; (Amended, 92 of 1975, s. 59)

'foreign award' means an award to which Part III applies;

'the New York Convention' means the Convention on the Recognition
and Enforcement of Foreign Arbitral Awards adopted by the
United Nations Conference on International Commercial
Arbitration on 10 Jtine 1958 the text of which is set out in the Third
Schedule. (Added, 85 of 1975, s. 2)

PART IA

CONCILIATION

2A.(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 not exceeding 2 months of being
informed of the existence of the dispute, any party to the
agreement may serve the person in question with a written notice to
appoint a conciliator (and shall forthwith serve a copy of tire notice
on the other parties to the agreement) and if the appointment is not
made within 7 clear days after service of the notice 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.

(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 connexion 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) If the parties to an arbitration agreement which provides for the
appointment of a conciliator each agreement in settlement of their
differences and sign an agreement containing the terms of settlement
(hereinafter referred to as the 'settlement agreement')
the settlement agreement shall, for the purposes of its enforcement,

be treated as an award on an bitration 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.

(Part IA added, 10 of 1982, s. 2)

PART II

ABRITRATION WITHIN THE COLONY

Effect of Arbitration Agreements, etc.

3. The authority of an arbitrator or umpire appointed by or by
virtue of an arbitration agreement shall, unless a contrary intention is
expressed in the agreement, be irrevocable except by leave of the Court
or a judge thereof.





4. (1) An arbitration agreement shall not be discharged by the
death of any party thereto, either as respects the deceased or any other
party, but shall in such an event be enforceable by or against the
personal repr esentative of the deceased.

(2) The authority of an arbitrator shall not be revoked by the death
of any party by whom he was appointed.

(3) Nothing in this section shall be taken to affect the operation of
any enactment or rule of law by virtue of which any right of action is
extinguished by the death of a person.

5. (1) Where it is provided by aterm in a contract to which a
bankrupt is a party that any differences arising thereout or in connexion therewith
shall be referred to arbitration, the said term shall, if the trustee in
bankruptcy adopts the contract, be enforceable by or against him so far
as relates to any such differences.


(2) Where a person who has been adjudged bankrupt had, before
the commencement of the bankruptcy, become a party to an arbitration
agreement, and any matter to which the agreement applies requires to
be determined in connexion with or for the purposes of the bankruptcy
proceedings, then, if the case is one to which subsection (1) does not
apply, any other party to the agreement, or, with the consent of the
committee of inspection, the trustee in bankruptcy, may apply to the
Court for an order directing that the matter in question shall be referred
to arbitration in accordance with the agreement, and the Court may, if it
is of opinion that, having regard to all the circumstances of the case,
the matter ought to be determined by arbitration, make an order
accordingly.

6. (1) If any party to an arbitration agreement, or any person
claiming through or under him, commences any legal proceedings in any
court against any other party to the agreement, or any person claiming
through or under him, in respect of any matter agreed to be referred, any
party to those legal proceedings may at any time after appearance, and
before delivering any pleadings or taking any other steps in the
proceedings, apply to that court to stay the proceedings, and that court
or a judge thereof, if satisfied that there is no sufficient reason why the
matter should not be referred in accordance with the agreement, and
that the applicant was, at the time when the proceedings were
commenced, and still remains, ready and willing to do all things
necessary to the proper conduct of the arbitration, may make an order
staying the proceedings. (2) [Delted, 85 of 1975, s. 3.]

6A. (1) If any party to an arbitration agreement to which this
section applies, or any person claiming through or under him,
commences any legal proceedings in any court against any other party to
the agreement, or any person claiming through or under him, in respect
of any matter agreed to be referred, any party to the proceedings may at
any time after appearance, and before delivering any pleadings or taking
any other steps in the proceedings, apply to






the court to stay the proceedings; and the court, unless satisfied that
.the arbitration agreement is null and void, inoperative or incapable of
being performed or that there is not in fact any dispute between the
parties with regard to the matter agreed to be referred, shall make an
order staying the proceedings.

(2) Subsection (1)-

(a)does not apply in relation to a domestic arbitration agreement,
but

(b)applies, in relation to other arbitration agreements, instead of
section 6(1).

(3) In this section 'domestic arbitration agreement' means an
arbitration agreement which does not provide, expressly or by
implication, for arbitration in a State or territory other than Hong Kong
and to which neither

(a)an individual who is a national of, or habitually resident in,
any State or territory other than Hong Kong; nor

(b)a body corporate which, is incorporated in, or whose central
management and control is exercised in, any State or territory
other than Hong Kong.

is a party at the time the proceedings are commenced.

(Added, 85 of 1975, s. 4)

6B. (1) Wherein relation to two or more arbitration proceedings it
appears to the Court

(a)that some common question of law or fact arises in both or all
of them, or

(b)that the rights to relief claimed therein are in respect of or arise
out of the same transaction or series of transactions, or

(c)that for some other reason it is desirable to make an order
under this section,

the Court may order those arbitration proceedings to be consolidated on
such terms as it thinks just or may order them to be heard at the same
time, or one immediately after another, or may order any of them to be
stayed until after the determination of any other of them.

(2) Where the Court orders arbitration proceedings to be
consolidated under subsection (1) and all parties to the consolidated
arbitration proceedings are in agreement as to the choice of arbitrator
or umpire for those proceedings the same shall be appointed by the
Court but if all parties cannot agree the Court shall have power to
appoint an arbitrator or umpire for those proceedings.

(3) (Added, 10 of 1982, s. 3)





7. Where relief by way of interpleader is granted and it
appears to the Court that the claims in question are matters to which
an arbitration agreement, to which the claimants are parties, applies,
the Court may direct the issue between the claimants to be deter-
mined in accordance with the agreement.

Arbitrators and Umpires

8. Unless a contrary intention is expressed therein, every
arbitration agreement shall, if no other mode of reference is pro-
vided, be deemed to include a provision that the reference shall be
to a single arbitrator.

9. Where an arbitration agreement provides that the refer-
ence shall be to 2 arbitrators, one to be appointed by each party,
then, unless a contrary intention is expressed therein-

(a)if either of the appointed arbitrators refuses to act, or is
incapable of acting, or dies, the party who appointed him
may appoint a new arbitrator in his place;

(b)if, on such a reference, one party fails to appoint an
arbitrator, either originally, or by way of substitution as
aforesaid, for 7 clear days after the other party, having
appointed his arbitrator, has served the party making
default with notice to make the appointment, the party
who has appointed an arbitrator may appoint that
arbitrator to act as sole arbitrator in the reference and his
award shall be binding on both parties as if he had been
appointed by consent:

Provided that the Court or a judge thereof may set aside any
appointment made in pursuance of this section.

10. (1) Unless a contrary intention is expressed therein, every
arbitration agreement shall, where the reference is to 2 arbitrators,
be deemed to include a provision that the 2 arbitrators may appoint
an umpire at any time after they are themselves appointed and shall
do so forthwith if they cannot agree. (Amended, 10 of 19821 s. 4)

(2) Unless a contrary intention is expressed therein, every
arbitration agreement shall, where such a provision is applicable to
the reference, be deemed to include a provision that if the arbitrators
have delivered to any party to the arbitration agreement, or to the
umpire, a notice in writing stating that they cannot agree, the umpire
may forthwith enter on the reference in lieu of the arbitrators.

(3) At any time after the appointment of an umpire, however
appointed, the Court may, on the application of any party to the
reference and notwithstanding anything to the contrary in the
arbitration agreement, order that the umpire shall enter upon the
reference in lieu of the arbitrators and as if he were a sole arbitrator.






11. Unless the contrary intention. is expressed in the arbitration
agreement, in any case where there is a reference to 3 arbitrators, the
award of any 2 of the arbitrators shall be binding and in the event that
no 2 of the arbitrators agree the award, the award of the arbitrator
appointed by the arbitrators to be chairman shall be binding.

(Replaced, 10 of 1982, s. 5)

12. (1) In any of the following cases-

(a)where an arbitration agreement provides that the reference
shall be to a single arbitrator, and all the parties do not,

after differences have arisen, concur in the appointment of
an arbitrator;

(b)if an appointed arbitrator refuses to act, or is incapable of
acting, or dies, and the arbitration agreement does not show
that it was intended that the vacancy should not be supplied
and the parties do not supply the vacancy;

(c)where the parties or 2 arbitrators are required or are at liberty
to appoint an umpire or third arbitrator and do not appoint him;
(Amended, 10 of 1982, s. 6)

(d)where an appointed. umpire or third arbitrator refuses toact, or
is incapable of acting, or dies, and the arbitration agreement
does not show that it was intended that the vacancy should not
be supplied, and the parties or arbitrators do not supply the
vacancy,

any party may serve the other parties or the arbitrators, as the case may
be, with a written notice to appoint, or, as the case may be, concur in
appointing, an arbitrator, umpire or third arbitrator, and if the
appointment is not made within 7 clear days after the service of the
notice, the Court or a judge thereof may, on application by the party
who gave the notice, appoint an arbitrator, umpire or third arbitrator who
shall have the like powers to act in the reference and make an award as if
he had been appointed by consent of all parties.

(2) In any case where-

(a)an arbitration agreement provides for the appointment of an
arbitrator or umpire by a person who is neither one of the
parties nor an existing arbitrator (whether the provision applies
directly or in default of agreement by the parties or otherwise);
and

(b)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,

any party to the agreement may serve the person in question with a
written. notice to appoint an arbitrator or umpire and--- if the
appointment is not made within 7 clear days after the service of the





notice, the Court or a judge thereof may, on the application of the party
who gave the notice, appoint an arbitrator or umpire who shall have the
like powers to act in the reference and make an award as if he had been
appointed in accordance with the terms of the agreement. (Added, 10 of
1982, s. 6)

13. Where an arbitration agreement provides that the reference shall
be to an official referee, any, official referee to whom application is made
shall, subject to any order of the Court or a judge thereof as to transfer or
otherwise, hear and determine the matters agreed to be referred.

13A. (1) Subject to the following provisions of this section a judge,
District Judge, magistrate or public officer, may, if in all the
circumstances he thinks fit, accept appointment as a sole or joint
arbitrator, or as umpire, by or by virtue of an arbitration agreement.

(2) A judge, District Judge or magistrate shall not accept
appointment as an arbitrator or umpire unless the Chief Justice has
informed him that, having regard to the state of business in the courts,
he can be made available to do so.

(3) A public officer shall not accept appointment as an arbitrator
or umpire unless the Attorney General has informed him that he can be
made available to do so.

(4) The fees payable for the services of ajudge, District Judge,
magistrate or public officer as an arbitrator or umpire shall be paid into
the general revenue of the Colony

(5) The Fourth Schedule shall have effect for modifying, and in
certain cases replacing, provisions of this Ordinance in relation to
arbitration by a judge as a sole arbitrator or umpire and, in particular, for
substituting the Court of Appeal for the Court in provisions whereby
arbitrators and umpires, their proceedings and

awards, are subject to control and review by the Court.

(6) Subject to section 23C(3) any jurisdiction which is exercisable
by the Court in relation to arbitrators and umpires otherwise than under
this Ordinance shall, in relation to ajudge appointed as a sole arbitrator
or umpire, be exercisable instead by the Court of Appeal.

(Added, 10 of 1982, s. 7)

Conduct of Proceedings, Witnesses, etc.

14. (1) Unless a contrary intention is expressed therein, every
arbitration agreement shall, where such a provision is applicable to the
reference, be deemed to contain a provision that the parties to the
reference, and all persons claiming through them respectively, shall,
subject to any legal objection, submit to be examined by the arbitrator or
umpire, on oath or affirmation, in relation to the matters in dispute, and
shall, subject as aforesaid, produce before





the arbitrator or umpire all documents within their possession or power
respectively which may be required or called for, and do all other things
which during the proceedings on the reference the arbitrator or umpire
may require.

(2) Unless a contrary intention is expressed therein, every
arbitration agreement shall, where such a provision is applicable to the
reference, be deemed to contain a provision that the witnesses on the
reference shall, if the arbitrator or umpire thinks fit, be examined on oath
or affirmation.

(3) An arbitrator or umpire shall, unless a contrary intention is
expressed in the arbitration agreement, have power to administer oaths
to, or take the affirmations of, the parties to and witnesses on a
reference under the agreement.
party to a reference under an arbitration agreement
may sue out a writ of subpoena ad testificandurn or a writ of
subpoena duces tecum, but no person shall be compelled under any
such writ to produce any document which he could not be compelled
to produce on the trial of an action, and the Court or ajudge thereof
may order that a writ of subpoena ad testificandurn or of subpoena
duces tecum shall issue to compel the attendance before an arbitra-
tor or umpire of a witness wherever he may be within the Colony

(5) The Court or ajudge thereof may also order that a writ of

habeas corpus ad testificandurn shall issue to bring up a prisoner for
examination before an arbitrator or umpire.

(6) The Court shall have, for the purpose of and in relation to a
reference, the same power of making orders in respect of

(a) security for costs;

(b) discovery of documents and interrogatories;

(c) the giving of evidence by affidavit;

(d)examination on oath of any witness before an officer of the
Court or any other person, and the issue of a commission or
request for the examination of a witness out of the
jurisdiction;

(e)the preservation, interim custody or sale of any goods which
are the subject matter of the reference;

securing the amount in dispute in the reference;

(g)the detention, preservation or inspection of any property or
thing which is the subject of the reference or as to which any
question may arise therein, and authorizing for any of the
purposes aforesaid any person to enter upon or into any land
or building in the possession of any party to the reference, or
authorizing any samples to be taken or any observation to be
made or experiment to be tried which may be necessary or
expedient for the purpose of obtaining full information or
evidence; and

(h) interim injunctions or the appointment of a receiver,





as it has for the purpose of and in relation to an action or matter in the
Court:

Provided that nothing in this subsec tion shall be taken to

prejudice any power which may be vested in an arbitrator or umpire
of making orders with respect to any of the matters aforesaid.



Provisions as to Awards

15. (1) Subject to the provisions of section 24(2) and anything to
the contrary in the arbitration agreement, an arbitrator or umpire shall
have power to make an award at any time.

(2) The time, if any, limited for making an award, whether

under this Ordinance or otherwise, may from time to time be
enlarged by order of the Court or ajudge thereof, whether that time
has expired or not.

(3) The Court may, on the application of any party to a reference,
remove an arbitrator or umpire who fails to use all reasonable dispatch
in entering on and proceeding with the reference and making an award,
and an arbitrator or umpire who is removed by the Court under this
subsection shall not be entitled to receive any remuneration in respect
of his services.

For the purposes of this subsection, the expression 'proceeding
with a reference' includes, in a case where 2 arbitrators are unable to
agree, giving notice of that fact to the parties and to the umpire.

16. Unless a contrary intention is expressed therein. every
arbitration agreement shall, where such a provision is applicable to the
reference, be deemed to contain a provision that the arbitrator or umpire
may, if he thinks fit, make an interim award, and any reference in this
Part to an award includes a reference to an interim award.

17. Unless a contrary intention is expressed therein, every
arbitration agreement shall, where such a provision is applicable to the
reference, be deemed to contain a provision that the arbitrator or umpire
shall have the same power as the Court to order specific performance of
any contract other than a contract relating to land or any interest in
land.

18. Unless a contrary intention is expressed therein, every
arbitration agreement shall, where such a provision is applicable to the
reference, be deemed to contain a provision that the award to be made
by the arbitrator or umpire shall be final and binding on the parties and
the persons claiming under them respectively.

19. Unless a contrary intention is expressed in the arbitration
agreement, the arbitrator or umpire shall have power to correct in an
award any clerical mistake or error arising from any accidental slip or
omission.





Costs, Fees and Interest

20. (1) Unless a contrary intention is expressed therein, every
arbitration agreement shall be deemed to include a provision that the
costs of the reference and award shall be in the discretion of the
arbitrator or umpire, who may direct to and by whom and in what
manner those costs or any part thereof shall be paid, and may tax or
settle the amount of costs to be so paid or any part thereof, and may
award costs to be paid as between solicitor and client.

(2) Any costs directed by an award to be paid shall, unless the
award otherwise directs, be taxable in the Court.

(2A) Section 50 of the Legal Practitioner titioners Ordinance,
(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, 10 of 1982, s. 8)

,(3) Any provision in an arbitration agreement to the effect that the
parties or any party thereto shall in any event pay their or his own costs
of the reference or award or any part thereof shall be void, and this Part
shall, in the case of an arbitration agreement containing any such
provision, have effect as if that provision were not contained therein:

Provided that nothing in this subsection shall invalidate such a
provision when it is a part of an agreement to submit to arbitration a
dispute which has arisen before the making of that agreement.

(4) If no provision is made by an award with respect to the costs of
the reference, any party to the reference may, within 14 days of the
publication of the award or such further time as the Court or a judge
thereof may direct, apply to the arbitrator for an order directing by and
to whom those costs shall be paid, and thereupon the arbitrator shall,
after hearing any party who may desire to be heard, amend his award by
adding thereto such directions as he may think proper with respect to
the payment of the costs of the reference.,

(5) Section 70 of the Legal Practitioners Ordinance, which
empowers a court before which any proceeding is being heard or is
pending to declare a solicitor employed in the proceedings entitled to a
charge on the property recovered or preserved in the proceedings, for
his taxed costs in reference thereto, shall apply as if an arbitration were
a proceeding in the Court, and the Court may make declarations and
orders accordingly.


21. (1) If in any case an arbitrator or umpire refuses to deliver

his award except on payment of the fees demanded by him, the
Court may, on an application for the purpose, order that the
arbitrator or umpire shall deliver the award to the applicant on
payment into court by the applicant of the fees demanded, and
further that the fees demanded shall be taxed by the taxing officer





and that out of the money paid into court there shall be paid out to the
arbitrator or umpire by way of fees such sum as may be found
reasonable on taxation and that the balance of the money, if any, shall
be paid out to the applicant.

(2) An application for the purposes of this section may be made by
any party to the reference unless the fees demanded have been fixed by
a written agreement between him and the arbitrator or umpire.

(3) A taxation of fees under this section may be reviewed in the
same manner as a taxation of costs.

(4) The arbitrator or umpire shall be entitled to appear and be heard on
any taxation or review of taxation under this section.

22. A sum directed to be paid by an award shall, unless the award
otherwise directs, carry interest as from the date of the award and at the
same rate as a judgment debt.

Judicial Review, Determination of Preliminary Point of Law,
Exclusion Agreements, Interlocutory Orders,
Remission and Setting aside of Awards, etc.

23. (1) Without prejudice to the right of appeal conferred by
subsection (2) the Court shall not have jurisdiction to set aside or remit
an award on an arbitration agreement on the ground of errors of fact or
law on the face of the award.

(2) Subject to subsection (3) an appeal shall lie to the Court on any
question of law arising out of an award made on an arbitration
agreement; and on the determination of such an appeal the Court may
by order

(a) confirm, vary or set aside the award; or

(b)remit the award to the reconsideration of the arbitrator or
umpire together with the Court's opinion on the question of
law which was the subject of the appeal;

and where the award is remitted under paragraph (b) the arbitrator or
umpire shall, unless the order otherwise directs, make his award within 3
months after the date of the order.

(3) An appeal under this section may be brought by any of the
parties to the reference

(a) with the consent of all the other parties to the reference; or

(b) subject to section 23B, with the leave of the Court.

(4) The Court shall not grant leave under subsection (3)(b) unless it
considers that, having regard to all the circumstances, the determination
of the question of law concerned could substantially affect the rights of
one or more of the parties to the arbitration agreement; and the Court
may make any leave which it. gives conditional upon the applicant
complying with such conditions as it considers appropriate.





(5) Subject to subsection (6), if an award is made -and, on an
application made by any of the parties to the reference

(a) with the consent of all the other parties to the reference; or

(b) subject to section 2313, with the leave of the Court,

it appears to the Court that the award does not or does not sufficiently
set out the reasons for the award, the Court may order the arbitrator or
umpire concerned to state the reasons for his award in sufficient detail
to enable the Court, should an appeal be brought under this section, to
consider any question of law arising out of the award.

(6) In any case where an award is made without any reason being
given, the Court shall not make an order under subsection (5) unless it
is satisfied

(a)that before the award was made one of the parties to the
reference gave notice to the arbitrator or umpire concerned
that a reasoned award would be required; or

(b)that there is some special reason why such a notice was not
given.

(7) No appeal shall lie to the Court of Appeal from a decision of the
Court on an appeal under this section unless the Court or the Court of
Appeal gives leave.

(8) Where the award of an arbitrator or umpire is varied on appeal,
the award as varied shall have etTect (except for the purposes of this
section) as if it were the award of the arbitrator or umpire.

(Replaced, 10 of 1982, s. 9)

23A. (1) Subject to subsection (2) and section 2313, on an
application to the Court made by any of the parties to a reference

(a)with the consent of an arbitrator who has entered on the
reference or, if an umpire has entered on the reference, with his
consent, or

(b) with the consent of all the other parties,

the Court shall have jurisdiction to determine any question of law
arising in the course of the reference.

(2) The Court shall not entertain an application under subsection
(1)(a) with respect to any question of law unless it is satisfied that

(a)the determination of the application might produce substantial
savings in costs to the parties; and

(b)the question of law is one in respect of which leave to appeal
would be likely to be given under section 23(3)(b).

(3) A decision of the Court under subsection (1) shall be deemed to
be a judgment of the Court within the meaning of section 14 of the
Supreme Court Ordinance (appeals to the Court of





Appeal), but no appeal shall lie from such a decision unless the Court
or the Court of Appeal gives leave.

(4) In the absence of such circumstances as may be prescribed
by rules of court proceedings or Court of Appeal under
this section and section 23 shall on the application of any party to
the proceedings, be condu han in open court.
(Added, 10 of j982, s. 10)

23B. (1) Subject to the following provisions of this section and
section -

(a)the Court shall not, under section 23(3)(b), grant leave to
appeal with respect to a question of law arising out of an
award; and

(b)the Court shall not, under section 23(5)(b), grant leave to make
an application with respect to an award; and

(e)no application may be made under section 23A(1)(a) with
respect to a question of law,

if the parties to the reference in question have entered into an
agreement in writing (in this section referred to as an 'exclusion
agreement') which excludes the right of appeal under section 23 in
relation to that award or, in acase falling within paragraph (c). in relation
to an award to which the determination of the question of law is
material.

(2) If the parties to an exclusion agreement subsequently* enter
into an agreement in writing to revoke the exclusion agreement the
provisions of subsection (1) shall cease to apply to the reference or
references in question until such time as a further exclusion agreement
is entered into by the parties.

(3) An exclusion agreement may be expressed so as to relate to a
particular award, to awards under a particular reference or to any other
description of awards, whether arising out of the same reference or not;
and an agreement may be an exclusion agreement for the purposes of
this section whether it is entered into before or after the passing of this
Ordinance and whether or not it forms part of an arbitration agreemen

(4) In any case where-

(a)an arbitration agreement, other than a domestic arbitration
agreement, provides for disputes between the parties to be
referred to arbitration; and

(b) a dispute to which the agreement relates involves the
question whether a party has been guilty of fraud; and

(c) the parties have entered into an exclusion agreement which

is applicable to any award made on the reference of that
dispute,

then, except in so far as the exclusion agreement otherwise provides,
the Court shall not exercise its powers under section 26(2) in relation to
that dispute.





(5) Except as provided by subsection (1), sections 23 and 23A shall
have effect notwithstanding anything in any agreement purporting

(a) to prohibit or restrict access to the Court; or

(b) to restrict the jurisdiction of that Court; or

(c) to prohibit or restrict the making of a reasoned award.

(6) An exclusion agreement shall be of no effect in relation to an
award made on, or a question of law arising in the course of a reference
under, a statutory arbitration, that is to say, such an arbitration as is
referred to in section 33(1).

(7) An exclusion agreement shall be of no effect in relation to an
award made on, or a question of law arising in the course of a reference
under, an arbitration agreement which is a domestic arbitration
agreement unless the exclusion agreement is entered into after the
commencement of the arbitration in which the award is made or, as the
case may be, in which the question of law arises.

(8) In this section 'doinestic arbitration agreernent' means an
arbitration agreement which does not provide, expressly or by
implication, for arbitration in a State or territory other than Hong Kong
and to which neither

(a)an individual who is a national of, or habitually resident in,
any State or territory other than Hong Kong; nor

(b)a body corporate which is incorporated in, or whose central
management and control is exercised in, any State or territory
other than Hong Kong,

is a party at the time the arbitration a reement is entered into.

(Added, 10 of 1982, s. 10)

23C. (1) If any party to a reference under an arbitration agreement
fails within the time specified in the order or, if no time is so specified,
within a reasonable time to comply with an order made by the arbitrator
or umpire in the course of the reference, then, on the application of the
arbitrator or umpire or of any party to the reference, the Court may make
an order extending the powers of the arbitrator or umpire as mentioned
in subsection (2).

(2) If an order is made by the Court under this section, the arbitrator
or umpire shall have power, to the extent and subject to any conditions
specified in that order, to continue with the reference in default of
appearance or of any other act by one of the parties in like manner as a
judge of the Court might continue with proceedings in that court where
a party fails to comply with an order of that court or a requirement of
rules of court.

(3) Section 13A(6)l shall not apply in relation to the power of the
Court to make an order under this section, but in the case of a reference
to a judge-arbitrator or judge-umpire that power shall be





exercisable as in the case of any other reference to arbitration and also
by the judge-arbitrator or judge-umpire himself.

(4) Anything done by a judge-arbitrator or judge-umpire in the
exercise of the power conferred by subsection (3) shall be done by him
in his capacity asjudge of the Court and have effect as if done by that
court.

(5) The preceding provisions of this section have effect
notwithstanding anything in any agreement but do not derogate from
any powers conferred on an arbitrator or umpire, whether by an
arbitration agreement or otherwise.

(6) In this section 'judge-arbitrator' and 'judge-umpire' have the
same meaning as in the Fourth Schedule.

(Added, 10 of 1982, s. 10)

24. (1) In all cases of reference to arbitration the Court or a judge
thereof may from time to time remit the matters referred, or any of them,
to the reconsideration of the arbitrator or umpire.

(2) Where an award is remitted, the arbitrator or umpire shall,
unless the order otherwise directs, make his award within 3 months after
the date of the order.

25. (1) Where an arbitrator or umpire has misconducted himself or
the proceedings, the Court may remove him

(2) Where an arbitrator or umpire has misconducted himself or the
proceedings, or an arbitration or award has been improperly procured,
the Court may set the award aside.

(3) Where an application is made to set aside an award, the Court
may order that any money made payable by the award shall be brought
into court or otherwise secured pending the determination of the
application.

26. (1) Where an agreement between any parties provides that
disputes which may arise in the future between them shall be referred to
an arbitrator named or designated in the agreement, and after a dispute
has arisen any party applies, on the ground that the arbitrator so named
or designated is not or may not be impartial, for leave to revoke the
authority of the arbitrator or for an injunction to restrain any other party
or the arbitrator from proceeding with the arbitration, it shall not be a
ground for refusing the application that the said party at the time when
he made the agreement knew, or ought to have known, that the
arbitrator, by reason of his relation towards any other party to the
agreement or of his connexion with the subject referred, might not be
capable of impartiality.

(2) Where an agreement between any parties provides that
disputes which may arise in the future between them shall be referred to
arbitration, and a dispute which so arises involves the question whether
any such party has been guilty of fraud, the Court shall, so far as may
be necessary to enable that question to be determined by





the Court, have power to order that the agreement shall cease to have
effect and power to give leave to revoke the authority of any arbitrator
or umpire appointed by or by virtue of the agreement.

(3) In any case where by virtue of this section the Court has power
to order that an arbitration agreement shall cease to have effect or to
give leave to revoke the authority of an arbitrator or umpire, the Court
may refuse to stay any action brought in breach of the agreement.

27. (1) Where an arbitrator, not being a sole arbitraor or 2 or
more arbitrators, not being all the arbitrators, or an umpire who has not
entered on the reference is or are removed by the Court, the Court may,
on the application of any party to the arbitration agreement, appoint, a
person or persons to act as arbitrator or arbitrators or umpire in place of
the person or persons so removed.

(2) Where the authority of an arbitrator or arbitrators or umpire is
revoked by leave of the Court, or a sole arbitrator or all the arbitrators or
an umpire who has entered on the reference is or are removed by the
Court, the Court may, on the application of any party to the arbitration
agreement, either

(a)appoint a person to act as sole arbitrator in place of the
person or persons removed; or

(b)order that the arbitration agreement shall cease to have effect
with respect to the dispute referred.

(3) A person appointed under this section by the Court as an
arbitrator or umpire shall have the like power to act in the reference and
to make an award as if he had been appointed in accordance with the
terms of the arbitration agreement.

(4) Where it is provided, whether by means of a provision in the
arbitration agreement or otherwise, that an award under an arbitration
agreement shall be a condition precedent to the bringing of an action
with respect to any matter to which the agreement applies, the Court, if it
orders, whether under this section or under any other enactment, that
the agreement shall cease to have effect as regards any particular
dispute, may further order that the provision making an award a
condition precedent to the bringing of an action shall also cease to have
effect as regards that dispute.

Enforcement of Award

28. An award on an arbitration agreement 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 award.





Miscellaneous

29. Where the terms of an agreement to refer future disputes to
arbitration provide that any claims to which the agreement applies shall
be barred unless notice to appoint an arbitrator is given or an arbitrator
is appointed or some other step to commence arbitration proceedings is
taken within a time fixed by the agreement, and a dispute arises to which
the agreement applies, the Court, if it is of opinion that in the
circumstances of the case undue hardship would otherwise be caused,
and notwithstanding that the time so fixed has expired, may, on such
terms, if any, as the justice of the case may require, but without
prejudice to the provisions of any enactment limiting the time for the
commencement of arbitration proceedings, extend the time for such
period as it thinks proper.

29A. (1) In every arbitration agreement, unless the contrary be
expressly provided therein, there is an implied term that in the event of a
difference arising which is capable of settlement by arbitration it shall
be the duty of the claimant to exercise. due diligence in the prosecution
of his claim.

(2) Where there has been undue delay by a claimant in instituting
or prosecuting his claim pursuant to an arbitration agreement, then, on
the application of the arbitrator or umpire or of any party to the
arbitration proceedings, the Court may make an order terminating the
arbitration proceedings and prohibiting the claimant from commencing
further arbitration proceedings in respect of any matter which was the
subject of the terminated proceedings.

(3) The Court shall not make an order under subsection (2) unless
it is satisfied that

(a) the delay has been intentional and contumelious; or

(b) (i) there has been inordinate and inexcusable delay on

the part of the claimant or his advisers; and

(ii) that such delay will give rise to a substantial risk that it
is not possible to have a fair trial of the issues in the
arbitration proceedings or is such as is likely to cause or to
have caused serious prejudice to the other parties to the
arbitration proceedings either as between themselves and the
claimant or between each other or between them and a third
party.

(4) A decision of the Court under subsection (2) shall be deemed to
be a judgment of the Court within the meaning of section 14 of the
Supreme Court Ordinance (appeals to the Court of Appeal) but no
appeal shall lie from such a decision unless the Court or the Court of
Appeal gives leave.

(Added, 10 of 1982, s. 11)

30. Any order made under this PIgtmay be made on such

terms as to costs or otherwise (including, the case of an order under





section 29A, the remuneration of the arbitrator in respect of his
services) as the authority making the order thinks just.

(Amended, 85 of 1975, s. 5 and 10 of 1982, s. 12)

31. (1) An arbitration shall be deemed to be commenced when one
party to the arbitration agreement serves on the other party or parties a
notice requiring him or them to appoint or concur in appointing an
arbitrator, or, where the arbitration agreement provides that the
reference shall be to a person named or designated in the agreement,
requiring him or them to submit the dispute to the person so named or
designated.

(2) Any such notice as is mentioned in subsection (1) may be
served either

(a) by delivering it to the person on whom it is to be served; or

(b) by leaving it at the usual or last known place of abode in

the Colony of that person; or

(c) by sending it by post in a registered letter addressed to

that person at his usual or last known place of abode in
the Colony

as well as in any other manner provided in the arbitration agreement,
and where a notice is sent by post in manner prescribed by paragraph
(c), service thereof shall, unless the contrary is proved, be deemed to
have been effected at the time at which the letter would have been
delivered in the ordinary course of post.

32. This Part shall apply to any arbitration to which the
Crown is a party.

(Amended, 85 of 1975, s. 6)

33. (1) Subject to the provisions of section 34, this Part., except the
provisions thereof specified in subsection (2), shall apply to every
arbitration under any other enactment, whether passed before or after
the commencement of this Ordinance, as if the arbitration were pursuant to
arbitration agreement and as if that other enactment were an arbitration
agreement, except in so far as this Ordinance is inconsistent with that
other enactment or with any rules or procedure authorized or recognized
thereby.

(2) The provisions referred to in subsection (1) are sections

4(1), 5, 7, 20(3), 26, 27 and 2

(Amended, 85 of 1975, s. 7)

34. This Part shall not affect any arbitration commenced. within the
meaning of section 31(1), before the commencement of this Ordinance,
but shall apply to an arbitration so commenced after the commencement
of this Ordinance under an agreement made before the commencement
of this Ordinance.





PART III

ENFORCEMENT OF CERTAIN FOREIGN
AWARDS

35. This Part shall apply to any award made after 28 July 1924-

(a)in pursuance of an agreement for arbitration to which the
protocol set out in the First Schedule applies; and

(b)between persons of whom one is subject to the jurisdiction of
some one of such Powers as Her Majesty, being satisfied that
reciprocal provisions have been made, may by Order in
Council declare to be parties to the convention set out in the
Second Schedule, and of whom the other is subject to the
jurisdiction of some other of the Powers aforesaid; and

(c)in one of such territories as Her Majesty, being satisfied that
reciprocal provisions have been made, may by Order in
Council declare to be territories to which the said convention
applies.

36. (1) A foreign award ball, subject to the provisions of this
Part, be enforceable in the Colony either by action or in the same manner as
the award of an arbitrator is enforceable by virtue of section 28.

(2) Any foreign award which would be enforceable under this Part
shall be treated as binding for all purposes on the persons as between
whom it was made, and may accordingly be relied on by any of those
persons by way of defence, set off or otherwise in any legal proceedings
in the Colony, and any references in this Part to enforcing a foreign award shall be
construed as including references to relying on an award.

37. (1) In order that a foreign award may be enforceable under this
Part it must have

(a)been made in pursuance of an agreement for arbitration which
was valid under the law by which it was governed;

(b)been made by the tribunal provided for in the agreement or
constituted in manner agreed upon by the parties;

(C) been made in conformity with the law governing the
arbitration procedure.


(d) become final in the country in which it was made;

(e)been in respect of a matter which may lawfully be referred to
arbitration under the law of the Colony.

and the enforcement thereof must not be contrary to the public policy or
the law of the Colony

(2) Subject to the provisions of this subsection, a foreign award
shall not be enforceable under this Part if the court dealing with the
case is satisfied that





(a)the award has been annulled in the country in which it was
made; or

(b)the party against whom it is sought to enforce the award
was not given notice of the arbitration proceedings in
sufficient time to enable him to present his case, or was
under some legal incapacity and was not properly repre-
sented; or

(c)the award does not deal with all the questions referred or
contains decisions on matters beyond the scope of the
agreement for arbitration:

Provided that, if the award does not deal with all the questions
referred, the Court may, if it thinks fit, either postpone the enforce-
ment of the award or order its enforcement subject to the giving of
such security by the person seeking to enforce it as the Court may
think fit.

(3) If a party seeking to resist the enforcement of a foreign
award proves that there is any ground other than the non-existence
of the conditions specified in subsection (1)(a), (b) and (c), or the
existence of the conditions specified in subsection (2)(b) and (c),
entitling him to contest the validity of the award, the Court may, if it
thinks fit, either refuse to enforce the award or adjourn the hearing
until after the expiration of such period as appears to the Court to be
reasonably sufficient to enable that party to take the necessary steps
to have the award annulled by the competent tribunal.

38. (1) The party seeking to enforce a foreign- award must
produce-

(a)the original award or a copy thereof duly authenticated in
manner required by the law of the country in which it was
made; and

(b) evidence proving that the award has become final; and

(c)such evidence as may be necessary to prove that the award
is a foreign award and that the conditions mentioned in
section 37(1)(a), (b) and (c) are satisfied.

(2) In any case where any document required to be produced
under subsection (1) is in a foreign language, it shall be the duty of
the party seeking to enforce the award to produce a translation
certified as correct by a diplomatic or consular agent of the country
to which that party belongs, or certified as correct in such other
manner as may be sufficient according to the law of the Colony

(3) Subject to the provisions of this section, rules of court may
be made under the Supreme Court Ordinance with respect to the
evidence which must be furnished by a party seeking-to enforce an
award under this Part.(Aniended, 92 of 1975, s. 58)





39. For the purposes of this Part, an award shall not be deemed
final if any proceedings for the purpose of contesting the validity of the
award are pending in the country in which it was made.

40. Nothing in this Part shall

(a) prejudice any rights which any person would have had of
enforcing in the Colony any award or of availing himself
in the Colony of any award if this Part had not been enacted; or

(b) apply to any award made on an arbitration agreement
governed by the law of the Colony

PART IV

ENFORCEMENT OF CONVENTION
AWARDS

41. This Part shall have effect with respect to the enforcement of
Convention awards; and where a Convention award would, but for this
section, be also a foreign award within the meaning of Part Ill, that Part
shall not apply to it.

42. (1) A Convention award shall, subject to this Part, be
enforceable either by action or in the same manner as the award of an
arbitrator is enforceable by virtue of section 28.

(2) Any Convention award which would be enforceable under this
Part shall be treated as binding for all purposes on the persons as
between whom it was made, and may accordingly be relied on by any of
those persons by way of defence, set off or otherwise in any legal
proceedings in Hong Kong and any reference in this Part to enforcing a
Convention award shall be construed as including references to relying
on such an award.

43. The party seeking to enforce a Convention award must
produce

(a)the duly authenticated original award or a duly certified copy
of it;

(b)the original arbitration agreement or a duly certified copy of it;
and

(c)where the award or agreement is in a foreign language, a
translation of it certified by an official or sworn translator or
by a diplomatic or consular agent.

44. (1) Enforcement of a Convention award shall not be refused
except in the cases mentioned in this section.

(2) Enforcement of a Convention award may be refused if the
person against whom it is invoked proves





(a)that a party to the arbitration agreement was (under the law
applicable to him) under some incapacity; or

(b)that the arbitration agreement was not valid under the law to
which the parties subjected it or, failing any indication
thereon, under the law of the country where the award was
made; or

(c)that he was not given proper notice of the appointment of the
arbitrator or of the arbitration proceedings or was otherwise
unable to present his case; or

(d)subject to subsection (4), that the award deals with a
difference not contemplated by or not falling within the terms
of the submission to arbitration or contains decisions on
matters beyond the scope of the submission to arbitration; or

(e)that the composition of the arbitral authority or the arbitral
procedure was not in accordance with the agreement of the
parties or, failing such agreement, with the law of the country
where the arbitration took place; or

that the award has not yet become binding on the parties, or
has been set aside or suspended by a competent authority of
the country in which, or under the law of which, it was made.

(3) Enforcement of a Convention award may also be refused if the
award is in respect of a matter which is not capable of settlement by
arbitration, or if it would be contrary to public policy to enforce the
award.

(4) A Convention award which contains decisions on matters not
submitted to arbitration may be enforced to the extent that it contains
decisions on matters submitted to arbitration which can be separated
from those on matters not so submitted.

(5) Where an application for the setting aside or suspension of a
Convention award has been made to such a competent authorityas is
mentioned in subsection (2)(f), the court before which enforcement of
the award is sought may, if it thinks fit, adjourn the proceedings and
may, on the application of the party seeking to enforce the award, order
the other party to give security.

45. Nothing in this Part shall prejudice any right to enforce or rely
on an award otherwise than under this Part or Part 111.

46. If the Governor by Order declares that any State or territory
specified in the Order is a party to the New York Convention the Order
shall, while in force, be conclusive evidence that that State or territory is
a party to that Convention.

(Part IV added, 85 of 1975, s. 8)





FIRST SCHEDULE [s. 35.]

PROTOCOL ON ARBITRATION CLAUSES SIGNED ON BEHALF
OF His MAJESTY AT A MEETING OF THE ASSEMBLY
OF THE LEAGUE OF NATIONS HELD ON
24 SEPTEMBER 1923

The undersigned, being duly authorized, declare that they accept, on behalf of
the countries which they represent, the following provisions

1. Each of the Contracting States recognizes the validity of an agreement
whether relating to existing or future differences between parties, subject
respectively to the jurisdiction of different Contracting States by which the parties
to a contract agree to submit to arbitration all or any differences that may arise in
connexion with such contract relating to commercial matters or to any other
matter capable of settlement by arbitration, whether or not the arbitration is to
take place in a country to whose jurisdiction none of the parties is subject.

Each Contracting State reserves the right to limit the obligation mentioned
above to contracts which are considered as commercial under its national law. Any
Contracting State which avails itself of this right will notify the Secretary-General
of the League of Nations, in order that the other Contracting States may be so
informed.

2. The arbitral procedure, including the constitution of the arbitral tribunal,
shall be governed by the will of the parties and by the law of the country in whose
territory the arbitration takes place.

The Contracting States agree to facilitate all steps in the procedure which
require to be taken in their own territories, in accordance with the provisions of
their law governing arbitral procedure applicable to existing differences.

3. Each Contracting State undertakes to ensure the execution by its
authorities and in accordance with the provisions of its national laws of arbitral
awards made in its own territory under the preceding articles.

4. The tribunals of the Contracting Parties, on being seized of a dispute
regarding a contract made between persons to whom Article I applies and including
an arbitration agreement whether referring to present or future differences which is
valid in virtue of the said article and capable of being carried into effect, shall refer
the parties on the application of either of them to the decision of the arbitrators.

Such reference shall not prejudice the competence of the judicial tribunals in
case the agreement or the arbitration cannot proceed or become inoperative.

5. The present Protocol, which shall remain open for signature by all States,
shall be ratified. The ratifications shall be deposited as soon as possible with the
Secretary-General of the League of Nations, who shall notify such deposit to all
the signatory States.

6. The present protocol shall come into force as soon as 2 ratifications have
been deposited. Thereafter it will take effect, in the case of each Contracting
State, one month after the notification by the Secretary-General of the deposit of
its ratification.

7. The present Protocol may be denounced by any Contracting State on
giving one year's notice. Denunciation shall be effected by a notification addressed
to the Secretary-General of the League, who will immediately transmit copies of
such notification to all the other signatory States and inform them of the date of
which it was received. The denunciation shall take effect one year after the date
on which it was notified to the Secretary-General, and shall operate only in respect
of the notifying State.

8. The Contracting States may declare that their acceptance of the present
Protocol does not include any or all of the undermentioned territories: that is to
say, their colonies, overseas possessions or territories, protectorates or the
territories over which they exercise a mandate.

The said States may subsequently adhere separately on behalf of any territory
thus excluded. The Secretary-General of the League of Nations shall be informed as
soon as possible of such adhesions. He shall notify such adhesions to all signatory
States. They will take effect one month after the notification by the Secretary-
General to all signatory States.

The Contracting States may also denounce the Protocol separately on
behalf of any of the territories referred to above. Article 7 applies to such
denunciation.





SECOND SCHEDULE [s. 35.]

CONVENTION ON THE EXECUTION OF FOREIGN ARBITRAL AWARDS
SIGNED AT GENEVA ON BEHALF oF His MAJESTY ON
26 SEPTEMBER 1927

Article 1

In the territories of any High Contracting Party to which the present
Convention applies, an arbitral award made in pursuance of an agreement, whether
relating to existing or future differences (hereinafter called 'a submission to
arbitration') covered by the Protocol on Arbitration Clauses, opened at Geneva on
24 September 1923, shall he recognized as binding and, shall be enforced in
accordance with the rules of the procedure of the territory where the award is relied
upon, provided that the said award has been made in a territory of one of the High
Contracting Parties to which the present Convention applies and between perons
who are subject to thejurisdiction of one of the High Contracting Parties.

To obtain such recognition or enforcement, it shall, further, be necessary

(a)that the award has been made in pursuance of a submission to arbitration
which is valid under the law applicable thereto;

(b)that the subject-matter of the award is capable of settlement by arbitration
under the law of the country in which the award is sought to be relied upon;

(e)that the award has been made by the Arbitral Tribunal provided for in the
submission to arbitration or constituted in the manner agreed upon by the
parties and in conformity with the law governing the arbitration procedure;

(d)that the award has become final in the country in which it has been made,
in the sense that it will not be considered as such if it is open to opposition,
appeal or pourvoi en cassation (in the countries where such forms of procedure
exist) or if it is proved that any proceedings for the purpose of contesting
the validity of the award are pending;

(e)that the recognition or enforcement of the award is not contrary to the
public policy or to the principles of the law of the country in which it is
sought to bi relied upon.

Article 2

Even if the conditions laid down in Article 1 hereof are fulfilled, recognition
and enforcement of the award shall be refused if the Court is satisfied

(a) that the award has been annulled in the country in which it was made;

(b)that the party against whom it is sought to use the award was not given
notice of the arbitration proceedings in sufficient time to enable him to
present his case; or that, being under a legal incapacity, he was not
properly represented;

(c)that the award does not deal with the differences contemplated by or
falling within the terms of the submission to arbitration or that it contains
decisions on matters beyond the scope of the submission to arbitration.

If the award has not covered all the questions submitted to the arbitral tribunal,
the competent authority of the country where recognition or enforcement of the
award is sought can, if it thinks fit. postpone such recognition or enforcement or
grant it subject to such guarantee as that authority may decide.

Article 3

If the party against whom the awarct has been made proves that, under the law
governing the arbitration procedure, there is a ground, other than the grounds






referred to in Article 1(a) and (c), and Article 2(b) and (c), entitling him to contest
thevalidity of the award in a Court of Law, the Court may, if it thinks fit, either
refuse recognition or enforcement of the award or adjourn the consideration
thereof, giving such party a reasonable time within which to have the award
annulled by the competent tribunal.





Article 4

The party relying upon an award or claiming its enforcement must supply,
in particular

(1)The original award or a copy thereof duly authenticated, according to the
requirements of the law of the country in which it was made;

(2) Documentary or other evidence to prove that the award has become final,
in
the sense defined in Article 1(d), in the country in which it was made;

(3)When necessary, documentary or other evidence to prove that the
conditions laid down in Article 1, paragraph 1 and paragraph 2(a) and (c),
have been fulfilled.

A translation of the award and of the other documents mentioned in this
Article into the official language of the country where the award is sought to be
relied upon may be demanded. Such translation must be certified correct by a
diplomatic or consular agent of the country to which the party who seeks to rely
upon the award belongs or by a sworn translator of the country where the award is
sought to be relied upon.

Article 5

The provisions of the above Articles shall not deprive any interested party of
the right of availing himself of an arbitral award in the manner and to the extent
allowed by the law or the treaties of the country where such award is sought to be
relied upon.

Article 6

The present Convention applies only to arbitral awards made after the
coming into force of the Protocol on Arbitration Clauses, opened at Geneva on
24 September 1923.

Article 7

The present Convention, which will remain open to the signature of all the
signatories of the Protocol of 1923 on Arbitration Clauses, shall be ratified.

It may be ratified only on behalf of those Members of the League of Nations
and non-Member States on whose behalf the Protocol of 1923 shall have been
ratified.

Ratifications shall be deposited as soon as possible with the Secretary-General
of the League of Nations, who will notify such deposit to all the signatories.

Article 8

The present Convention shall come into force 3 months after it shall have
been ratified on behalf of 2 High Contracting Parties. Thereafter, it shall take
effect, in the case of each High Contracting Party, 3 months after the deposit of
the ratification on its behalf with the Secretary-General of the League of Nations.

Article 9

The present Convention may be denounced on behalf of any Member of the
League or non-Member State. Denunciation shall be notified in writing to the
Secretary-General of the League of Nations, who will immediately send a copy
thereof, certified to be in conformity with the notification, to all the other
Contracting Parties, at the same time informing them of the date on which he
received it.

The denunciation shall come into force only in respect of the High






Contracting Party which shall have notified it and one year after such notification
shall have reached the Secretary-General of the League of Nations.

. The denunciation of the Protocol on Arbitration Clauses shall entail, ipso
facto, the denunciation of the present Convention.





Article 10

The present Convention does not apply to the Colonies, Protectorates or
territories under suzerainty or mandate of any High Contracting Party unless they
are specially mentioned.

The application of this Convention to one or more of such Colonies
Protectorates or territories to which the Protocol on Arbitration Clauses, opened
at Geneva on 24 September 1923, applies, can be effected at any time by means of
a declaration addressed to the Secretary-General of the League of Nations by one of
the High Contracting Parties.

Such declaration shall take effect 3 months after the deposit thereof.

The High Contracting Parties can at any time denounce the Convention for
all or any of the Colonies, Protectorates or territories referred to above. Article 9
hereof applies to such denunciation.

Article 11

A certified copy of the present Convention shall be transmitted by the
SecretaryGeneral of the League of Nations to every Member of the League of
Nations and to every non-Member State which signs the same.

THIRD SCHEDULE [s. 2.]

CONVENTION ON THE RECOGNITION AND ENFORCEMENT
OF FOREIGN ARBITRAL AWARDs. DONE AT
NEW YORK, ON 10 JUNE 1958

Article I

1 . This Convention shall apply to the recognition and enforcement of
arbitral awards made in the territory of a State other than the State where the
recognition and enforcement of such awards are sought, and arising out of
differences between persons, whether physical or legal. It shall also apply to
arbitral awards not considered as domestic awards in the State where their
recognition and enforcement are sought.

2. The term 'arbitral awards' shall include not only awards made by arbitrators
appointed for each case but also those made by permanent arbitral bodies to which
the parties have submitted.

3. When signing, ratifying or acceding to this Convention, or notifying
extension under article X hereof, any State may on the basis of reciprocity declare
that it will apply the Convention to the recognition and enforcement of awards
made only in the territory of another Contracting State. It may also declare that it
will apply the Convention only to differences arising out of legal relationships,
whether contractual or not, which are considered as commercial under the national
law of the State making such declaration.

Article II

1 . Each Contracting State shall recognize an agreement in writing under
which the parties undertake to submit to arbitration all or any differences which
have arisen or which may arise between them in respect of a defined legal
relationship, whether contractual or not, concerning a subject matter capable of
settlement by arbitration.

2. The term 'agreement in writing' shall include an arbitral clause in a
contract or an arbitration agreement, signed by the parties or contained in an
exchange of letters or telegrams.





3. The court of a Contracting State, when seized of an action in a matter
in respect of which the parties have made an agreement within the meaning of this
article, at the request of one of the parties, refer the parties to arbitration unless it
finds that the said agreement is null and void, inoperative or incapable of being
performed.

Article III

Each Contracting State shall recognize arbitral awards as binding and enforce
them in accordance with the rules of procedure of the territory where the award is
relied upon, under the conditions laid down in the following articles. There shall
not be imposed substantially more onerous conditions or higher fees or charges on
the recognition or enforcement of arbitral awards to which this Convention
applies than are imposed on the recognition or enforcement of domestic arbitral
awards.

Article IV

1 . To obtain the recognition and enforcement mentioned in the
preceding article, the party applying for recognition and enforcement shall, at
the time of the application, supply

(a) the duly authenticated original award or a duly certified copy thereof,

(b)the original agreement referred to in article II or a duly certified copy
thereof.

2. If the said award or agreement is not made in an official language of the
country in which the award is relied upon, the party applying for recognition and
enforcement of the award shall produce a translation of these documents into such
language. The translation shall be certified by an official or sworn translator or by
a diplomatic or consular agent.

Article V

1. Recognition and enforcement of the award may be refused, at the request
of the party against whom it is invoked, only if that party furnishes to the
competent authority where the recognition and enforcement is sought, proof that

(a)the parties to the agreement referred to in article II were, under the law
applicable to them, under some incapacity, or the said agreement is not
valid under the law to which the parties have subjected it or, failing any
indication thereon, under the law of the country where the award was
made; or

(b)the party against whom the award is invoked was not given proper notice
of the appointment of the arbitrator or of the arbitration proceedings or
was otherwise unable to present his case; or

(c)the award deals with a difference not contemplated by or not falling
within the terms of the submission to arbitration, or it contains decisions
on matters beyond the scope of the submission to arbitration, provided
that, if the decisions on matters submitted to arbitration can be separated
from those not so submitted, that part of the award which contains
decisions on matters submitted to arbitration may be recognized and
enforced; or

(d)the composition of the arbitral authority or the arbitral procedure was
not in accordance with the agreement of the parties, or, failing such
agreement, was not in accordance with the. law of the country where the
arbitration took place; or

(e)the award has not yet become binding on the parties, or has been set aside
or suspended by a competent authority of the country in which, or under
the law of which, that award was made.


2. Recognition and enforcement of an arbitral award may also be refused if the
competent authority in the country where recognition and enforcement is sought
finds that

(a)the subject matter of the difference is not capable of settlement by
arbitration under the law of that country; or

(b)the recognition or enforcement of the award would be contrary to the
public policy of that country.





Article VI

If an application for the setting aside or suspension of the award has been
made to a competent authority referred to in article V(1)(e), the authority before
which the award is sought to be relied upon may, if it considers it proper, adjourn
the decision on the enforcemnt of the award and may also, on the application
ofthe party claiming enforcement of the award, order the other party to give
suitable security.

Article VII

1. The provisions of the present Convention shall not affect the validity of
multilateral or bilateral agreements concerning the recognition and enforcement of
arbitral awards entered into by the Contracting States nor deprive any interested
party ofany right he may have to avail himself of an arbitral award in the manner
and to the extent allowed by the law or the treaties of the country where such
award is sought to be relied upon.

2. The Geneva Protocol on Arbitration Clauses of 1923 and the Geneva
Convention on the Execution of Foreign Arbitral Awards of 1927 shall cease to
have effect between Contracting States on their becoming bound and to the extent
that they become bound, by this Convention.

Article VIII

1. This Convention shall be open until 31 December 1958 for signature on
behalf of any Member of the United Nations and also on behalf of any other State
which is or hereafter becomes a member of any specialized agency of the United
Nations. or which is or hereafter becomes a party to the Statute of the
international Court of Justice, or any other State to which an invitation has been
addressed by the General Assembly ofthe United Nations,

2. This Convention shall be ratified and the instrument of ratification shall be
deposited with the Secret a ry-General ofthe United Nations.

Article IX

1 . This Convention shall be open for accession to all States referred to in
article

VIII.

2. Accession shall be effected by the deposit of an instrument of accession
with the Secretary-General ofthe United Nations.

Article X

1 . Any State may, at the time of signature, ratification or accession, declare
that this Convention shall extend to all or any of the territories for the
international relations of which it is responsible. Such a declaration shall take
effect when the Convention enters into force for the State concerned.

2. At any time thereafter any such extension shall be made by notification
addressed to the Secretary-General of the United Nations and shall take effect as
from the ninetieth day after the day of receipt by the Secretary-General of the
United Nations of this notification, or as from the date of entry into force of the
Convention for the State concerned, whichever is the later.

3. With respect to those territories to which this Convention is not extended
at the time of signature, ratification or accession, each State concerned shall
consider the possibility of taking the necessary steps in order to extend the
application of this Convention to such territories. subject, where necessary for
constitutional reasons, to the consent of the Governments of such territories.

Article XI


In the case of a federal or non-unitary State, the following provisions shall
apply

(a)with respect to those articles of this Convention that come within the
legislative jurisdiction of the federal authority, the obligations of the
federal Government shall to this extent be the same as those of
Contracting States which are not federal States;





(b)with respect to those articles of this Convention that come within the
legislative jurisdiction of constituent states or provinces which are not,
under the constitutional system of the federation, bound to take
legislative action, the federal Government shall bring such articles with a
favourable recommendation to the notice of the appropriate authorities
of constituent states or provinces at the earliest possible moment;

(c)a federal State Party to this Convention shall, at the request of any other
Contracting State transmitted through the Secretary-General of the
United Nations, supply a statement of the law and practice of the
federation and its constituent units in regard to any particular provision
of this Convention, showing the extent to which effect has been given to
that provision by legislative or other action.

Article XII

1. This Convention shall tome into force on the ninetieth day following the
date of deposit of the third instrument of ratification or accession.

2. For each State ratifying or acceding to this Convention after the deposit of
the third instrument of ratification or accession, this Convention shall enter into
force on the ninetieth day after deposit by such State of its instrument of
ratification or accession.

Article XIII

1. Any Contracting State may denounce this Convention by a written
notification to the Secretary-General of the United Nations. Denunciation shall
take effect one year after the date of receipt of the notification by the Secretary-
General.

2. Any State which has made a declaration or notification under article X
may, at any time thereafter, by notification to the Secretary-General of the
United Nations, declare that this Convention shall cease to extend to the territory
concerned one year after the date of the receipt of the notification by the Secret
ary-General.

3. This Convention shall continue to be applicable to arbitral awards in
respect of which recognition or enforcement proceedings have been instituted
before the denunciation takes effect.

Article XIV

A Contracting State shall not be entitled to avail itself of the present
Convention against other Contracting States except to the extent that it is itself
bound to apply the Convention.

Article XV

The Secretary-General of the United Nations shall notify the States
contemplated in article VIII of the following

(a) signatures and ratifications in accordance with article VIII;

(b) accessions in accordance with article IX;

(c) declarations and notifications under articles I, X and XI;

(d)the date upon which this Convention enters into force in accordance with
article XII;

(e) denunciations and notifications in accordance with article XIII.

Article XVI







1. This Convention, of which the Chinese, English, French, Russian and
Spanish texts shall be equally authentic, shall be deposited in the archives of the
United Nations.

2. The Secretary-General ofthe United Nations shall transmit a certified copy
of this Convention to the States contemplated in article VIII.

(Third Schedule added, 85 of 19 75, s.
9)





FOURTH SCHEDULE [s. 13A.]

APPLICATION OF THIS ORDINANCE TO JUDGE-
ARBITRATORS

1. In this Schedule 'judge-arbitrator' and 'judge-umpire' mean a judge
appointed as sole arbitrator or, as the case may be, as umpire by or by virtue of an
rbitration agreement.

142) In section 3 (authority of arbitrator to be irrevocable except by leave of
the court), in its application to a judge-arbitrator or judge-umpire, the Court of
Appeal shall be substituted for the Court.

3. The power of the Court under section 9 (vacancy among arbitrators
supplied by parties) to set aside the appointment of an arbitrator shall not be
exercisable in the case of the appointment of a judge-arbitrator.

4. Section 10(3) (power of Court to order umpire to enter immediately on
reference as sole arbitrator) shall not apply to a judge-umpire; but a judge-umpire
may, on the application of any party to the reference and notwithstanding
anything to the contrary in the arbitration agreement, enter on the reference in
lieu of the arbitrators and as if he were the sole arbitrator.

5. (1) The powers conferred on the Court or a judge thereof by section 14(4),
(5) and (6) (summoning of witnesses, interlocutory orders, etc.) shall be exercisable
in the case of a reference to a judge-arbitrator orjudge-umpire as in the case of any
other reference to arbitration, but shall in any such case be exercisable also by the
judge-arbitrator ol& judge-umpire himself.

(2) Anything done by an arbitrator or umpire in the exercise of powers
conferred by this paragraph shall be done by him in his capacity as judge of the
Court and have effect as if done by that court; but nothing in this paragraph
prejudices any power vested in the arbitrator or umpire in his capacity as such.

6. Section 15(2) and (3) (extension of time for making award; provision for
ensuring that reference is conducted with reasonable dispatch) shall not apply to a
reference to a judge-arbitrator or judge-umpire; but a judge-arbitrator or
judgeumpire may enlarge any time limited for making his award (whether under
this Ordinance or otherwise), whether that time has expired or not.

7. (1) Section 20(4) (provision enabling a party in an arbitration to obtain an
order for costs) shall apply, in the case of a reference to a judge-arbitrator, with
the omission of the following

'within 14 days of the publication of the award or such further time as the
Court or a judge thereof may direct,'.

(2) The power of the Court to make declarations and orders for the purposes
of section 20(5) (charging order for solicitor's costs) shall be exercisable in the
case of an arbitration by a judge-arbitrator or judge-umpire as in the case of any
other arbitration, but shall in any such case be exercisable also by the judge-
arbitrator or judge-umpire himself.

(3) A declaration or order made by an arbitrator or umpire in the exercise
ofthe power conferred by sub-paragraph (2) shall be made by him in his capacity as
judge of the Court and have efrect as if made by that court.

8. (1) Section 21 (power of Court to order delivery of award on payment of
arbitrators' fees into court) shall not apply with respect to the award of a
judgearbitrator or judge-umpire.

(2) A judge-umpire may withhold his award until the fees payable to the
arbitrators have been paid into the Court.

(3) Arbitrators' fees paid into court under this paragraph shall be paid out in
accordance with rules of court, subject to the right of any party to the reference to
apply (in accordance with the rules) for any fee to be taxed, not being a fee which
has been fixed by written agreement between him and the arbitrator.

(4) A taxation under this paragraph may be reviewed in the same manner as a
taxation of the costs of an award.

(5) On a taxation under this paragraph, or on a review thereof, an
arbitrator shall be entitled to appear and be heard.

9. In sections 24 and 25 (remission and setting aside of awards. etc.), in their
application to a judge-arbitrator or judge-umpire, and to a reference to him and to
his award thereon, the Court of Appeal shall be substituted for the Court.





10. (1) Section 26(2) (removal of issue of fraud for trial in the Court) shall
not apply to an agreement under or by virtue of which ajudge-arbitrator orjudge-
urnpire has been appointed; nor shall leave be given by the Court under that
subsection to revoke the authority of a judge-arbitrator or judge-umpire.

(2) Where, on a reference ofa dispute to ajudge-arbitrator orjudge-umpire, it
appears to the judge that the dispute involves the question whether a party to the
dispute has been guilty of fraud, he may, so far as may be necessary to enable that
question to be determined by the Court, order that the agreement by or by virtue of
which he was appointed shall cease to have effect and revoke his authority as
arbitrator or umpire.

(3) An order made by ajudge-arbitrator orjudge-urnpire under this paragraph
shall have effect as if made by the Court.

11. Section 27 (powers of Court on removal of arbitrator or revocation of
arbitration agreement) shall be amended as follows

(a)after the words 'the CourC where they first occur in subsection (1), where
they occur for the first and second time in subsection (2), and in
subsections (3) and (4), there shall be inserted the words 'or the Court of
AppeaV; and

(b)after those words where they occur for the second time in subsection (1)
and for the third time in subsection (2) there shall be inserted the words---
orthe Court of Appeal, as the case may be'.

12. The leave required by section 28 (enforcement in Court) for an award on
an arbitration agreement to be enforced as mentioned in that section may, in the
case of an award by a judge-arbitrator or a judge-urmire, be given by the judge-
arbitrator or judge-umpire himself.

Fourth Schedule added, 10 of 1982, s. 13)
Originally 22 of 1963. 85 of 1975. 92 of 1975. 10 of 1982. Short title. Interpretation. 1975 c. 3, s. 7(1). Third Schedule. Appointment of conciliator. Authority of arbitrators and umpires to be irrevocable. 1950 c. 27, s. 1. Death of party. 1950 c. 27, s. 2. Bankruptcy. 1950 c. 27, s. 3. Staying court proceedings where there in submission to arbitration. 1950 c. 27, s. 4. Staying court proceedings where party proves arbitration agreement. 1975 c. 3, s. 1. Consolidation of arbitrations. Reference of interpleader issues to arbitration. 1950 c. 27, s. 5. When reference is to a single arbitrator. 1950 c. 27, s. 6. Power of parties in certain cases to supply vacancy. 1950 c. 27, s. 7. Umpires. 1950 c. 27, s. 8. 1979 c. 42, s. 6(1). Majority award of 3 arbitrators. Cf. 1979 c. 42, s. 6(2). Power of Court in certain cases to appoint an arbitrator or umpire. 1950 c. 27, s. 10. 1979 c. 42, s. 6(3) & (4). Reference of 1950 c. 27, s. 11. Power of judges to take arbitrations. 1970 c. 31, s. 4. Fourth Schedule. Conduct of proceedings, witnesses, etc. 1950 c. 27, s. 12. Time for making award. 1950 c. 27, s. 13. Interim awards. 1950 c. 27, s. 14. Specific performance. 1950 c. 27, s. 15. Awards to be final. 1950 c. 27, s. 16. Power to correct slips. 1950 c. 27, s. 17. Costs. 1950 c. 27, s. 18. (Cap. 159.) (Cap. 159.) Taxations of arbitrator's or umpire's fees. 1950 c. 27, s. 19. Interest on awards. 1950 c. 27, s. 20. Judicial review of arbitration awards. 1979 c. 42, s. 1. Determination of preliminary point of law by Court. 1979 c. 42, s. 2. (Cap. 4.) Exclusion agreements affecting rights under sections 23 and 23A. 1979 c. 42, s. 3. Interlocutory orders. 1979 c. 42, s. 5. Fourth Schedule. Power to remit award. 1950 c. 27, s. 22. Removal of arbitrator and setting aside of award. 1950 c. 27, s. 23. Power of Court to give relief where arbitrator is not impartial or the dispute involves question of fraud. 1950 c. 27, s. 24. Power of Court where arbitrator is removed or authority of arbitrator is revoked. 1950 c. 27, s. 25. Enforcement of award. 1950 c. 27, s. 26. Power of court to extend time for commencing arbitration proceedings. 1950 c. 27, s. 27. Delay in prosecuting claims. (Cap. 4.) Terms as to costs, etc. 1950 c. 27, s. 28. Commencement of arbitration. [cf. 1950 c. 27, s. 29.] Crown to be bound. 1950 c. 27, s, 30. Application of Part II to statutory arbitrations. 1950 c. 27, s, 31. Transitional - Part II. 1950 c. 27, s, 33. Awards to which Part III applies. [cf. 1950 c. 27, s. 35.] First Schedule. Second Schedule. Effect of foreign awards. 1950 c. 27, s. 36. Conditions for enforcement of foreign awards. 1950 c. 27, s. 37. Evidence. 1950 c. 27,s . 38. (Cap. 4.) Meaning of 'final award'. 1950 c. 27, s . 39. Saving for other rights, etc. 1950 c. 27, s . 40. Replacement of former provisions. 1975 c. 3, s. 2. Effect of Convention awards. 1975 c. 3, s. 3(1)(a), (2). Evidence. 1975 c. 3, s. 4. Refusal of enforcement. 1975 c. 3, s. 5. Saving. 1975 c. 3, s. 6. Order to be conclusive evidence. 1975 c. 3, s. 7(2).

Originally 22 of 1963. 85 of 1975. 92 of 1975. 10 of 1982. Short title. Interpretation. 1975 c. 3, s. 7(1). Third Schedule. Appointment of conciliator. Authority of arbitrators and umpires to be irrevocable. 1950 c. 27, s. 1. Death of party. 1950 c. 27, s. 2. Bankruptcy. 1950 c. 27, s. 3. Staying court proceedings where there in submission to arbitration. 1950 c. 27, s. 4. Staying court proceedings where party proves arbitration agreement. 1975 c. 3, s. 1. Consolidation of arbitrations. Reference of interpleader issues to arbitration. 1950 c. 27, s. 5. When reference is to a single arbitrator. 1950 c. 27, s. 6. Power of parties in certain cases to supply vacancy. 1950 c. 27, s. 7. Umpires. 1950 c. 27, s. 8. 1979 c. 42, s. 6(1). Majority award of 3 arbitrators. Cf. 1979 c. 42, s. 6(2). Power of Court in certain cases to appoint an arbitrator or umpire. 1950 c. 27, s. 10. 1979 c. 42, s. 6(3) & (4). Reference of 1950 c. 27, s. 11. Power of judges to take arbitrations. 1970 c. 31, s. 4. Fourth Schedule. Conduct of proceedings, witnesses, etc. 1950 c. 27, s. 12. Time for making award. 1950 c. 27, s. 13. Interim awards. 1950 c. 27, s. 14. Specific performance. 1950 c. 27, s. 15. Awards to be final. 1950 c. 27, s. 16. Power to correct slips. 1950 c. 27, s. 17. Costs. 1950 c. 27, s. 18. (Cap. 159.) (Cap. 159.) Taxations of arbitrator's or umpire's fees. 1950 c. 27, s. 19. Interest on awards. 1950 c. 27, s. 20. Judicial review of arbitration awards. 1979 c. 42, s. 1. Determination of preliminary point of law by Court. 1979 c. 42, s. 2. (Cap. 4.) Exclusion agreements affecting rights under sections 23 and 23A. 1979 c. 42, s. 3. Interlocutory orders. 1979 c. 42, s. 5. Fourth Schedule. Power to remit award. 1950 c. 27, s. 22. Removal of arbitrator and setting aside of award. 1950 c. 27, s. 23. Power of Court to give relief where arbitrator is not impartial or the dispute involves question of fraud. 1950 c. 27, s. 24. Power of Court where arbitrator is removed or authority of arbitrator is revoked. 1950 c. 27, s. 25. Enforcement of award. 1950 c. 27, s. 26. Power of court to extend time for commencing arbitration proceedings. 1950 c. 27, s. 27. Delay in prosecuting claims. (Cap. 4.) Terms as to costs, etc. 1950 c. 27, s. 28. Commencement of arbitration. [cf. 1950 c. 27, s. 29.] Crown to be bound. 1950 c. 27, s, 30. Application of Part II to statutory arbitrations. 1950 c. 27, s, 31. Transitional - Part II. 1950 c. 27, s, 33. Awards to which Part III applies. [cf. 1950 c. 27, s. 35.] First Schedule. Second Schedule. Effect of foreign awards. 1950 c. 27, s. 36. Conditions for enforcement of foreign awards. 1950 c. 27, s. 37. Evidence. 1950 c. 27,s . 38. (Cap. 4.) Meaning of 'final award'. 1950 c. 27, s . 39. Saving for other rights, etc. 1950 c. 27, s . 40. Replacement of former provisions. 1975 c. 3, s. 2. Effect of Convention awards. 1975 c. 3, s. 3(1)(a), (2). Evidence. 1975 c. 3, s. 4. Refusal of enforcement. 1975 c. 3, s. 5. Saving. 1975 c. 3, s. 6. Order to be conclusive evidence. 1975 c. 3, s. 7(2).

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