[HK] AO Hong Kong Arbitration Ordinance
[HK] AO
Hong Kong Arbitration Ordinance
(1) An arbitral tribunal may refuse to deliver an award to the parties unless full payment of the fees and expenses of the tribunal is made.
(2) If the arbitral tribunal refuses to deliver an award to the parties under subsection (1), a party may apply to the Court, which—
(a) may order the tribunal to deliver the award on the payment into the Court by the applicant of—
(i) the fees and expenses demanded; or
(ii) a lesser amount that the Court may specify;
(b) may order that the amount of the fees and expenses payable to the tribunal is to be determined by the means and on the terms that the Court may direct; and
(c) may order that—
(i) the fees and expenses as determined under paragraph (b) to be payable are to be paid to the tribunal out of the money paid into the Court; and
(ii) the balance of the money paid into the Court, if any, is to be paid out to the applicant.
(3) For the purposes of subsection (2)—
(a) the amount of the fees and expenses payable is the amount which the applicant is liable to pay—
(i) under section 78; or
(ii) under any agreement relating to the payment of the arbitrators; and
(b) the fees and expenses of—
(i) an expert appointed under article 26 of the UNCITRAL Model Law, given effect to by section 54(1); or
(ii) an assessor appointed under section 54(2),
are to be treated as the fees and expenses of the arbitral tribunal.
(4) No application under subsection (2) may be made if—
(a) there is any available arbitral process for appeal or review of the amount of the fees or expenses demanded; or
(b) the total amount of the fees and expenses demanded has been fixed by a written agreement between a party and the arbitrators.
(5) Subsections (1) to (4) also apply to any arbitral or other institution or person vested by the parties with powers in relation to the delivery of the arbitral tribunal’s award.
(6) If subsections (1) to (4) so apply under subsection (5), the references to the fees and expenses of the arbitral tribunal are to be construed as including the fees and expenses of that institution or person.
(7) If an application is made to the Court under subsection (2), enforcement of the award (when delivered to the parties), but only in so far as it relates to the fees or expenses of the arbitral tribunal, must be stayed until the application has been disposed of under this section.
(8) An arbitrator is entitled to appear and be heard on any determination under this section.
(9) If the amount of the fees and expenses determined under subsection (2)(b) is different from the amount previously awarded by the arbitral tribunal, the tribunal must amend the previous award to reflect the result of the determination.
(10) An order of the Court under this section is not subject to appeal.
Imported: