[HK] AO Hong Kong Arbitration Ordinance
[HK] AO
Hong Kong Arbitration Ordinance
(1) This section applies to an arbitration agreement that provides for a claim to be barred or for a claimant’s right to be extinguished unless the claimant, before the time or within the period specified in the agreement, takes a step—
(a) to commence arbitral proceedings; or
(b) to commence any other dispute resolution procedure that must be exhausted before arbitral proceedings may be commenced.
(2) On the application of any party to such an arbitration agreement, an arbitral tribunal may make an order extending the time or period referred to in subsection (1).
(3) An application may be made only after a claim has arisen and after exhausting any available arbitral procedures for obtaining an extension of time.
(4) An arbitral tribunal may make an order under this section extending the time or period referred to in subsection (1) only if it is satisfied—
(a) that—
(i) the circumstances were such as to be outside the reasonable contemplation of the parties when they entered into the arbitration agreement; and
(ii) it would be just to extend the time or period; or
(b) that the conduct of any party makes it unjust to hold the other party to the strict terms of the agreement.
(5) An arbitral tribunal may extend the time or period referred to in subsection (1), or the time or period extended under subsection (4), for a further period and on the terms that it thinks fit, and the tribunal may do so even though that time or period or the extended time or period has expired.
(6) This section does not affect the operation of section 14 or any other enactment that limits the period for commencing arbitral proceedings.
(7) The power conferred on an arbitral tribunal by this section is exercisable by the Court if at the relevant time there is not in existence an arbitral tribunal that is capable of exercising that power.
(8) An order of the Court made in exercise of its power conferred by subsection (7) is not subject to appeal.
Imported: