Hong Kong Ordinances

ARBITRATION ORDINANCE - SECT 23

Judicial review of arbitration awards

Judicial Review, Determination of Preliminary Point of Law, Exclusion 
Agreements, Interlocutory Orders, Remission and Setting aside of Awards, etc.

(1) Without prejudice to the right of appeal conferred by subsection (2) the
Court shall not have jurisdiction to set aside or remit an award on an
arbitration agreement on the ground of errors of fact or law on the face of
the award.

(2) Subject to subsection (3) an appeal shall lie to the Court on any question
of law arising out of an award made on an arbitration  agreement; and on the
determination of such an appeal the Court may by order-

   (a)  confirm, vary or set aside the award; or

   (b)  remit the award to the reconsideration of the arbitrator or umpire
        together with the Court's opinion on the question of law which was the
        subject of the appeal; and where the award is remitted under paragraph
        (b) the arbitrator or umpire shall, unless the order otherwise
        directs, make his award within 3 months after the date of the order.

(3) An appeal under this section may be brought by any of the parties to the
reference-

   (a)  with the consent of all the other parties to the reference; or

   (b)  subject to section 23B, with the leave of the Court.

(4) The Court shall not grant leave under subsection (3)(b) unless it
considers that, having regard to all the circumstances, the determination of
the question of law concerned could substantially affect the rights of one or
more of the parties to the arbitration agreement; and the Court may make any
leave which it gives conditional upon the applicant complying with such
conditions as it considers appropriate.

(5) Subject to subsection (6), if an award is made and, on an application made
by any of the parties to the reference-

   (a)  with the consent of all the other parties to the reference; or

   (b)  subject to section 23B, with the leave of the Court, it appears to the
        Court that the award does not or does not sufficiently set out the
        reasons for the award, the Court may order the arbitrator or umpire
        concerned to state the reasons for his award in sufficient detail to
        enable the Court, should an appeal be brought under this section, to
        consider any question of law arising out of the award.

(6) In any case where an award is made without any reason being given, the
Court shall not make an order under subsection (5) unless it is satisfied-

   (a)  that before the award was made one of the parties to the reference
        gave notice to the arbitrator or umpire concerned that a reasoned
        award would be required; or

   (b)  that there is some special reason why such a notice was not given.

(7) No appeal shall lie to the Court of Appeal from a decision of the Court on
an appeal under this section unless the Court or the Court of Appeal gives
leave.

(8) Where the award of an arbitrator or umpire is varied on appeal, the award
as varied shall have effect (except for the purposes of this section) as if it
were the award of the arbitrator or umpire. (Replaced 10 of 1982 s. 9) [cf.
1979 c. 42 s. 1 U.K.]