ARBITRATION ORDINANCE - minor amendment

ARBITRATION ORDINANCE - minor amendment

CHAPTER 341

ARBITRATION

The Arbitration Ordinance is amended-

(1) in section 6B by adding at the end-

(3) Where the Court makes an appointment under
subsection (2) of an arbitrator or umpire for consolidated
arbitration proceedings, any appointment of any other
arbitrator or umpire that has been made for any of the
arbitration proceedings forming part of the consolidation
shall for all purposes cease to have effect on and from the
appointment under subsection (2). (Added 75 of 1985
s.2)

(2) in section 12(1) by repealing paragraph (c) and substituting-

(c)Where a party or an arbitrator is required or is at
liberty to appoint, or concur in the appointment of,
an umpire or an arbitrator and does not do so;
(Replaced 17 of 1984 s. 2)

(3) by repealing section 13;

(4) by adding after section 14-
Representation and preparation work

14A. For the avoidance of doubt, it is hereby
declared that sections 44, 45 and 47 of the Legal
Practitioners Ordinance (Cap. 159) do not apply to-

(a) Arbitration proceedings;

(b)the giving of advice and the preparation of
documents for the purpose of arbitration
proceedings;

(c)any other thing done in relation to arbitration
proceedings except where it is done in connection
with court proceedings arising out of an
arbitration agreement or arising in the course of,
or resulting from, arbitration proceedings.
(Added 31 of 1989 s. 2)

(5) by adding after section 22-

22A. (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 arbitrator or umpire may, if
he thinks fit, award interest at such rate as he thinks fit-





(a)on any sum which is the subject of the reference
but which is paid before the award, for such
period ending not later than the date of payment
as he thinks fit; and

(b)on any sum which he awards, for such period
ending not later than the date of payment of that
sum as he thinks fit.

(2) The power to award interest conferred on an
arbitrator or umpire by subsection (1) is without prejudice
to any other power of an arbitrator or umpire to award
interest.
(Added 17 of 1984 s. 3)

(6)in section 27(1) by repealing 'arbitraor' and substituting
'arbitrator';

(7) in section 30---

(a) by repealing 'the case' and substituting 'in the case';
(b)by repealing '29A, the remuneration of the arbitrator'
and substituting-

6B or 29A, the remuneration of the arbitrator or
umpire

(8)in section 37(1)(c) by repealing 'arbitraion' and substituting
'arbitration';

(9) in the Fourth Schedule by adding after paragraph 8-

8A. (1) In the application of-
(a)section 23 (appeal on a question of law) to the award of a
judge-arbitrator or judge-umpire; and
(b)section 23A(4) (conduct of proceedings in open court), and
section 23B (exclusion of certain agreements) other than
subsection (5) thereof, to proceedings under section 23 relating
to the award of a judge-arbitrator or judge-umpire,
the Court of Appeal shall be substituted for the Court.
(2) Where sub-paragraph (1) applies, section 23 shall have elfect as
if-
(a) subsection (7) thereof were omitted; and
(b)in section 23B(5) references to the Court included references to
the Court of Appeal.
8B. Section 23A (determination of a preliminary point of law by
Court), other than subsection (4) thereof as modified by virtue of
paragraph 8A, shall not apply to a reference to a judge-arbitrator or
judge-umpire.
52 of 1987 s. 45 Interest for period prior to payment L.N. 387 of 1987 L.N. 262 of 1985 75 of 1985 s. 3 L.N. 387 of 1987 1 of 1985 s. 2 1 of 1985 s. 2

52 of 1987 s. 45 Interest for period prior to payment L.N. 387 of 1987 L.N. 262 of 1985 75 of 1985 s. 3 L.N. 387 of 1987 1 of 1985 s. 2 1 of 1985 s. 2

https://oelawhk.lib.hku.hk/items/show/3803

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