Hong Kong—guide to the Arbitration Ordinance

Published by a LexisNexis Arbitration expert
Practice notes

Hong Kong—guide to the Arbitration Ordinance

Published by a LexisNexis Arbitration expert

Practice notes
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Scope

The Arbitration Ordinance (Cap 609) (AO) applies to an arbitration under an arbitration agreement which provides that the seat of arbitration is Hong Kong, regardless of whether the agreement is entered into in Hong Kong. AO applies to both domestic and international arbitrations.

In the event that the seat of arbitration is outside Hong Kong, only certain sections of AO apply, including:

  1. stay of court proceedings where the matter is the subject of an arbitration agreement (AO, s 20)

  2. interim measures granted by a court in support of an arbitration (AO, ss 21, 45, 60)

  3. enforcement of emergency relief granted by emergency arbitrators (AO, ss 22A–22B)

  4. enforcement of orders and directions of the arbitral tribunal (AO, s 61)

  5. recognition and enforcement of awards (AO, ss 82–98)

The provisions of AO (subject to certain exceptions) also apply to statutory arbitrations under other ordinances, as long as AO is consistent with that other ordinance (AO, s 5).

Structure of the Arbitration Ordinance (Cap 609)

The old Arbitration Ordinance (Cap 341) had separate

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Jurisdiction(s):
United Kingdom

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