Legislative Council of Hong Kong

“ The court or other authority, in appointing an arbitrator, shall have due regard to any qualifications required of the arbitrator by the agreement of the parties and to such considerations as are likely to secure the appointment of an independent and impartial arbitrator and, in the case of a sole or third arbitrator, shall take into account as well the advisability of appointing an arbitrator of a nationality other than those of the parties. ”

“ An interim measure is any temporary measure, whether in the form of an award or in another form, by which, at any time prior to the issuance of the award by which the dispute is finally decided, the arbitral tribunal orders a party to:
(a) Maintain or restore the status quo pending determination of the dispute; (b) Take action that would prevent, or refrain from taking action that is likely to cause, current or imminent harm or prejudice to the arbitral process itself; (c) Provide a means of preserving assets out of which a subsequent award may be satisfied ”

“ In arbitral proceedings with more than one arbitrator, any decision of the arbitral tribunal shall be made, unless otherwise agreed by the parties, by a majority of all its members. However, questions of procedure may be decided by a presiding arbitrator, if so authorized by the parties or all members of the arbitral tribunal. ”

“ For the purposes of paragraph (3) of this article:
(a) if a party has more than one place of business, the place of business is that which has the closest relationship to the arbitration agreement; (b) if a party does not have a place of business, reference is to be made to his habitual residence. (5) This Law shall not affect any other law of this State by virtue of which certain disputes may not be submitted to arbitration or may be submitted to arbitration only according to provisions other than those of this Law.
[Note: Section 5 has effect in substitution for article 1—see section 7.] ”

“ The court of the State where recognition or enforcement is sought may, if it considers it proper, order the requesting party to provide appropriate security if the arbitral tribunal has not already made a determination with respect to security or where such a decision is necessary to protect the rights of third parties. ”

“ If the Court makes an order under subsection (2) , it may make a further order that it thinks fit with respect to any additional costs of the arbitration resulting from its order.
(4) The Court—
(a) may order the applicant or appellant to give security for the costs of the application or appeal; and (b) may, if the order is not complied with, direct that the application or appeal is to be dismissed. (5) The power to order security for costs must not be exercised only on the ground that the applicant or appellant is—
(a) a natural person who is ordinarily resident outside Hong Kong ”

“ Relationships of a commercial nature include, but are not limited to, the following transactions: any trade transaction for the supply or exchange of goods or services; distribution agreement; commercial representation or agency; factoring; leasing; construction of works; consulting; engineering; licensing; investment ”

“ An application for the grant of leave under this rule must be supported by an affidavit stating— (a) the grounds on which the application is made; and (b) in what place the person to be served is, or probably may be found. (5) No leave may be granted under this rule unless it is made sufficiently to appear to the Court that the case is a proper one for service out of the jurisdiction under this rule. (6) Order 11, rules 5, 5A, 6, 7, 7A, 8 and 8A apply in relation to any originating summons, summons or order referred to in paragraph (1) as they apply in relation to a writ.”. 13. ”

“ In relation to an application to which paragraph (1) , (2) or (3) applies or an application to set aside an arbitral award under section 81 of the Arbitration Ordinance (17 of 2010) — (a) the originating summons or summons must state the grounds of application; and (b) if the application— (i) is founded on evidence by affidavit, a copy of every affidavit intended to be used must be served with the originating summons or summons ”

“ Liability of companies and amount payable by the Government on the vesting in it of their assets
Section 71 (2) is amended by repealing “Arbitration Ordinance (Cap. 341) ” and substituting “Arbitration Ordinance (17 of 2010) ”.
29. Appeal by the Road Company or the Rail Company
(1) Section 75 (2) (a) is amended by repealing “Arbitration Ordinance (Cap. 341) ” and substituting “Arbitration Ordinance (17 of 2010) ”.
(2) Section 75 (2) (b) is amended by repealing “Arbitration Ordinance (Cap. 341) ” and substituting “Arbitration Ordinance (17 of 2010) ”. ”