[HK] AO Hong Kong Arbitration Ordinance
[HK] AO
Hong Kong Arbitration Ordinance
(1) Unless otherwise expressed in an arbitration agreement, a party who has a claim under the agreement must, after the commencement of the arbitral proceedings, pursue that claim without unreasonable delay.
(2) Without affecting article 25 of the UNCITRAL Model Law, given effect to by section 53(1), the arbitral tribunal—
(a) may make an award dismissing a party’s claim; and
(b) may make an order prohibiting the party from commencing further arbitral proceedings in respect of the claim,
if it is satisfied that the party has unreasonably delayed in pursuing the claim in the arbitral proceedings.
(3) The arbitral tribunal may make an award or order either—
(a) on its own initiative; or
(b) on the application of any other party.
(4) For the purposes of subsection (2), delay is unreasonable if—
(a) it gives rise, or is likely to give rise, to a substantial risk that the issues in the claim will not be resolved fairly; or
(b) it has caused, or is likely to cause, serious prejudice to any other party.
(5) The power conferred on an arbitral tribunal by this section is exercisable by the Court if there is not in existence an arbitral tribunal that is capable of exercising that power.
(6) An award or order made by the Court in exercise of its power conferred by subsection (5) is not subject to appeal.
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