[HK] AO Hong Kong Arbitration Ordinance
[HK] AO
Hong Kong Arbitration Ordinance
(1) The parties are free to agree what the functions of an umpire are to be and, in particular—
(a) whether the umpire is to attend the arbitral proceedings; and
(b) when, and the extent to which, the umpire is to replace the arbitrators as the arbitral tribunal with the power to make orders, directions and awards.
(2) If or to the extent that there is no such agreement of the parties, the arbitrators are free to agree on the functions of the umpire.
(3) Subsections (4) to (11) apply subject to any agreement of the parties or the arbitrators.
(4) After an umpire is appointed, the umpire must attend the arbitral proceedings.
(5) The umpire must be supplied with the same documents and other materials as are supplied to the arbitrators.
(6) Orders, directions and awards are to be made by the arbitrators unless, subject to subsection (9), the arbitrators cannot agree on a matter relating to the dispute submitted to arbitration.
(7) If the arbitrators cannot agree on a matter relating to the dispute submitted to arbitration, they must forthwith give notice of that fact in writing to the parties and the umpire, in which case the umpire is to replace the arbitrators as the arbitral tribunal with the power to make orders, directions and awards, in respect of that matter only, subject to subsection (9)(b), as if the umpire were the sole arbitrator.
(8) If the arbitrators cannot agree on a matter relating to the dispute submitted to arbitration but—
(a) they fail to give notice of that fact; or
(b) any of them fails to join in the giving of notice,
any party may apply to the Court which may decide that the umpire is to replace the arbitrators as the arbitral tribunal with the power to make orders, directions and awards, in respect of that matter only, as if the umpire were the sole arbitrator.
(9) Despite the replacement by the umpire as the arbitral tribunal in respect of a matter, on which the arbitrators cannot agree, relating to the dispute submitted to arbitration, the arbitrators may—
(a) still make orders, directions and awards in respect of the other matters relating to the dispute if they consider that it would save costs by doing so; or
(b) refer the entirety of the dispute to the umpire for arbitration.
(10) For the purposes of this section, the arbitrators cannot agree on a matter relating to the dispute submitted to arbitration if any one of the arbitrators, in that arbitrator’s view, disagrees with the other arbitrator or any of the other arbitrators over that matter.
(11) A decision of the Court under subsection (8) is not subject to appeal.
Imported: