[HK] AO Hong Kong Arbitration Ordinance
[HK] AO
Hong Kong Arbitration Ordinance
(1) Enforcement of a Convention award may not be refused except as mentioned in this section.
(2) Enforcement of a Convention award may be refused if the person against whom it is invoked proves—
(a) that a party to the arbitration agreement was under some incapacity (under the law applicable to that party);
(b) that the arbitration agreement was not valid—
(i) under the law to which the parties subjected it; or
(ii) (if there was no indication of the law to which the arbitration agreement was subjected) under the law of the country where the award was made;
(c) that the person—
(i) was not given proper notice of the appointment of the arbitrator or of the arbitral proceedings; or
(ii) was otherwise unable to present the person’s case;
(d) subject to subsection (4), that the award—
(i) deals with a difference not contemplated by or not falling within the terms of the submission to arbitration; or
(ii) contains decisions on matters beyond the scope of the submission to arbitration;
(e) that the composition of the arbitral authority or the arbitral procedure was not in accordance with—
(i) the agreement of the parties; or
(ii) (if there was no agreement) the law of the country where the arbitration took place; or
(f) that the award—
(i) has not yet become binding on the parties; or
(ii) has been set aside or suspended by a competent authority of the country in which, or under the law of which, it was made.
(3) Enforcement of a Convention award may also be refused if—
(a) the award is in respect of a matter which is not capable of settlement by arbitration under the law of Hong Kong; or
(b) it would be contrary to public policy to enforce the award.
(4) If a Convention award contains, apart from decisions on matters submitted to arbitration (arbitral decisions), decisions on matters not submitted to arbitration (unrelated decisions), the award may be enforced only in so far as it relates to the arbitral decisions that can be separated from the unrelated decisions.
(5) If an application for setting aside or suspending a Convention award has been made to a competent authority as mentioned in subsection (2)(f), the court before which enforcement of the award is sought—
(a) may, if it thinks fit, adjourn the proceedings for the enforcement of the award; and
(b) may, on the application of the party seeking to enforce the award, order the person against whom the enforcement is invoked to give security.
(6) A decision or order of the court under subsection (5) is not subject to appeal.
Imported: