Hong Kong Ordinances

ARBITRATION ORDINANCE - SECT 23A

Determination of preliminary point of law by Court

(Past version on 30/06/1997).

Amendments retroactively made - see 25 of 1998 s. 2

(1) Subject to subsection (2) and section 23B, on an application to the Court
made by any of the parties to a reference-

   (a)  with the consent of an arbitrator who has entered on the reference or,
        if an umpire has entered on the reference, with his consent, or

   (b)  with the consent of all the other parties, the Court shall have
        jurisdiction to determine any question of law arising in the course of
        the reference.

(2) The Court shall not entertain an application under subsection

(1)(a) with respect to any question of law unless it is satisfied that-

   (a)  the determination of the application might produce substantial savings
        in costs to the parties; and

   (b)  the question of law is one in respect of which leave to appeal would
        be likely to be given under section 23(3)(b).

(3) A decision of the Court under subsection (1) shall be deemed to be a
judgment of the Court within the meaning of section 14 of the High 
Court Ordinance ( Cap 4) (appeals to the Court of Appeal), but no appeal shall
lie from such a decision unless the Court or the Court of Appeal gives leave.
(Amended 25 of 1998 s. 2)

(4) (Repealed 64 of 1989 s. 15) (Added 10 of 1982 s. 10) [cf. 1979 c. 42 s. 2
U.K.]