Hong Kong Ordinances

LIMITATION ORDINANCE - SECT 34

Application of Ordinance and other limitation enactments to arbitrations

PART IV

GENERAL

(1) This Ordinance and any other Ordinance or imperial enactment relating to
the limitation of actions shall apply to arbitrations as they apply to actions
in the High Court.

(2) Notwithstanding any term in an arbitration agreement to the effect that no
cause of action shall accrue in respect of any matter required by the
agreement to be referred until an award is made under the agreement, the cause
of action shall, for the purpose of this Ordinance and of any other such
Ordinance or imperial enactment (whether in their application to arbitrations
or to other proceedings), be deemed to have accrued in respect of any such
matter at the time when it would have accrued but for that term in the
agreement.

(3) For the purpose of this Ordinance and of any other such Ordinance or
imperial enactment as aforesaid, an arbitration shall be deemed to be
commenced when one party to the arbitration serves on the other party or
parties a notice requiring him or them to appoint an arbitrator or to agree to
the appointment of an arbitrator, or, where the arbitration agreement provides
that the reference shall be to a person named or designated in the agreement,
requiring him or them to submit the dispute to the person so named or
designated.

(4) Any such notice as aforesaid may be served either-

   (a)  by delivering it to the person on whom it is to be served; or

   (b)  by leaving it at the usual or last known place of abode of that
        person; or

   (c)  by sending it by post in a registered letter addressed to that person
        at his usual or last known place of abode, as well as in any other
        manner provided in the arbitration agreement; and where a notice is
        sent by post in manner prescribed by paragraph (c), service thereof
        shall, unless the contrary is proved, be deemed to have been effected
        at the time at which the letter would have been delivered in the
        ordinary course of post.

(5) Where the court orders that an award be set aside or orders, after the
commencement of an arbitration, that the arbitration shall cease to have
effect with respect to the dispute referred, the court may further order that
the period between the commencement of the arbitration and the date of the
order of the court shall be excluded in computing the time prescribed by this
Ordinance or any such other Ordinance or imperial enactment as aforesaid for
the commencement of proceedings (including arbitration) with respect to the
dispute referred.

(6) This section shall apply to an arbitration under an Ordinance as well as
to an arbitration pursuant to an arbitration agreement, and subsections (3)
and (4) shall have effect, in relation to an arbitration under an Ordinance,
as if for the references to the arbitration agreement there were substituted
references to such of the provisions of the Ordinance or of any order, scheme,
rules, regulations or by-laws made thereunder as relate to the arbitration.
[cf. 1939 c. 21 s. 27 U.K.]