[HK] AO Hong Kong Arbitration Ordinance
[HK] AO
Hong Kong Arbitration Ordinance
(1) Article 25 of the UNCITRAL Model Law, the text of which is set out below, has effect—
“Article 25. Default of a party
Unless otherwise agreed by the parties, if, without showing sufficient cause,
(a) the claimant fails to communicate his statement of claim in accordance with article 23(1), the arbitral tribunal shall terminate the proceedings;
(b) the respondent fails to communicate his statement of defence in accordance with article 23(1), the arbitral tribunal shall continue the proceedings without treating such failure in itself as an admission of the claimant’s allegations;
(c) any party fails to appear at a hearing or to produce documentary evidence, the arbitral tribunal may continue the proceedings and make the award on the evidence before it.”.
(2) Unless otherwise agreed by the parties, subsections (3) and (4) apply except in relation to an application for security for costs.
(3) If, without showing sufficient cause, a party fails to comply with any order or direction of the arbitral tribunal, the tribunal may make a peremptory order to the same effect, prescribing the time for compliance with it that the arbitral tribunal considers appropriate.
(4) If a party fails to comply with a peremptory order, then without affecting section 61, the arbitral tribunal may—
(a) direct that the party is not entitled to rely on any allegation or material which was the subject matter of the peremptory order;
(b) draw any adverse inferences that the circumstances may justify from the non-compliance;
(c) make an award on the basis of any materials which have been properly provided to the arbitral tribunal; or
(d) make any order that the arbitral tribunal thinks fit as to the payment of the costs of the arbitration incurred in consequence of the non-compliance.
Import: