Hong Kong Ordinances

ARBITRATION ORDINANCE - SECT 2

Interpretation

(Past version on 01/07/1997).
(Past version on 30/06/1997).

Adaptation amendments retroactively made - 2 of 2000 s. 3

(1) In this Ordinance, unless the context otherwise requires- (Amended 64 of
1989 s. 2)

"arbitral tribunal" (仲裁庭) means a sole arbitrator or a panel of
arbitrators, and includes an umpire; (Added 75 of 1996 s. 3)

"arbitration agreement" (仲裁協議) has the same meaning as in article 7(1)
of the UNCITRAL Model Law; (Replaced 64 of 1989 s. 2)

"claimant" (申索人) includes a person who makes a counter-claim; (Added 75
of 1996 s. 3)

"conciliation" (調解) includes mediation; (Added 75 of 1996 s. 3)

"Convention award" (公約裁決) means an award to which Part IV applies,
namely, an award made in pursuance of an arbitration agreement in a State or
territory, other than China or any part thereof, which is a party to the 
New York Convention; (Added 85 of 1975 s. 2. Amended 2 of 2000 s. 3)

"Court" (法院) means the Court of First Instance; (Amended 92 of 1975 s. 59;
25 of 1998 s. 2)

"dispute" (爭議) includes a difference; (Added 64 of 1989 s. 2)

"domestic arbitration agreement" (本地仲裁協議) means an
arbitration agreement that is not an international arbitration agreement;
(Added 64 of 1989 s. 2)

"function" (職能) includes a power and a duty; (Added 75 of 1996 s. 3)

"HKIAC" (香港國際仲裁中心) means Hong Kong International Arbitration
Centre, a company incorporated in Hong Kong under the Companies Ordinance (
Cap 32) and limited by guarantee; (Added 75 of 1996 s. 3)

"international arbitration agreement" (國際仲裁協議) means an
arbitration  agreement pursuant to which an arbitration is, or would if
commenced be, international within the meaning of article 1(3) of
the UNCITRAL Model  Law; (Added 64 of 1989 s. 2)

"the Mainland" (內地) means any part of China other than Hong Kong, Macau
and Taiwan; (Added 2 of 2000 s. 3)

"Mainland award" (內地裁決) means an arbitral award made on the Mainland
by a recognized Mainland arbitral authority in accordance with the Arbitration
Law of the People's Republic of China; (Added 2 of 2000 s. 3)

"the New York Convention" (紐約公約) means the Convention on the
Recognition and Enforcement of Foreign Arbitral Awards adopted by the United
Nations Conference on International Commercial Arbitration on 10 June 1958 the
text of which is set out in the Third Schedule; (Added 85 of 1975 s. 2)

"recognized Mainland arbitral authority" (認可內地仲裁當局) means an
arbitral authority which is specified in the list of Mainland arbitral
authorities provided from time to time for the purposes of this definition to
the Government by the Legislative Affairs Office of the State Council of the
People's Republic of China via the Hong Kong and Macau Affairs Office; (Added
2 of 2000 s. 3)

"the UNCITRAL Model Law" (聯合國國際貿易法委員會示範法) means
the Model Law on International Commercial Arbitration adopted by the United
Nations Commission on International Trade Law on 21 June 1985, the text of
which is set out in the Fifth Schedule. (Added 64 of 1989 s. 2. Amended 56 of
1991 s. 2) (Amended 2 of 2000 s. 3)

(2) (Repealed 75 of 1996 s. 3)

(3) In interpreting and applying the provisions of the UNCITRAL  Model Law,
regard shall be had to its international origin and to the need for uniformity
in its interpretation, and regard may be had to the documents specified in the
Sixth Schedule. (Added 64 of 1989 s. 2)

(4) In the UNCITRAL Model Law a reference to-

        (a)	"this State" (本國) shall be treated as being a reference to Hong 
Kong;

   (b)  "any agreement in force between this State and any other State or
        States"
        (本國與其他任何一國或多國之間有效力的任何協定)
        shall be treated as being a reference to any agreement that binds Hong
        Kong and any other place and that has the force of law in Hong Kong;

        (c)	"a State" (一國) shall be treated as including a reference to 
Hong Kong; and

        (d)	"different States" (不同的國家) shall be treated as including a 
reference to Hong Kong and any other place. (Added 64 of 1989 s. 2)

(5) A note located in the text of this Ordinance is provided for information
only and has no legislative effect. (Added 75 of 1996 s. 3) [cf. 1975 c. 3 s.
7(1) U.K.]

"arbitral tribunal" (仲裁庭)

"arbitration agreement" (仲裁協議)

"claimant" (申索人)

"conciliation" (調解)

"Convention award" (公約裁決)

"Court" (法院)

"dispute" (爭議)

"domestic arbitration agreement" (本地仲裁協議)

"function" (職能)

"HKIAC" (香港國際仲裁中心)

"international arbitration agreement" (國際仲裁協議)

"the Mainland" (內地)

"Mainland award" (內地裁決)

"the New York Convention" (紐約公約)

"recognized Mainland arbitral authority" (認可內地仲裁當局)

"the UNCITRAL Model Law" (聯合國國際貿易法委員會示範法)

"this State" (本國) "any agreement in force between this State and any other
State or States"
(本國與其他任何一國或多國之間有效力的任何協定) "a State"
(一國) "different States" (不同的國家)