Hong Kong Regulations

CO-OPERATIVE SOCIETIES RULES - RULE 73

Reference to arbitration by the Registrar

(1) Where, in pursuance of paragraph (b) of subsection (2) of section 49 of
the Ordinance, the Registrar decides to refer a dispute to arbitration, such
decision shall be embodied in an order of reference under his hand.

(2) Every order of reference under this rule shall-

   (a)  specify the name, surname, place of abode and occupation of the
        arbitrator or arbitrators;

   (b)  set out the dispute and full particulars thereof; and

   (c)  limit the time within which the award shall be forwarded by the
        arbitrator or arbitrators to the Registrar: Provided that, on good
        cause shown to his satisfaction, the Registrar may by a further order
        enlarge the time whether before or after the time limited by the order
        of reference has expired.

(3) Where the Registrar decides to refer a dispute to more than one
arbitrator, such reference shall be to three arbitrators, of whom one shall be
nominated by each of the parties to the dispute and the third shall be
nominated by the Registrar and shall act as chairman.

(4) Where under paragraph (3) of this rule reference is made to three
arbitrators, the following provisions shall have effect-

   (a)  if any party to the dispute fails to nominate an arbitrator within
        such time as the Registrar may specify, the Registrar may make the
        nomination himself;

   (b)  if an arbitrator nominated by one of the parties to the dispute dies,
        or refuses or neglects to act, or by absence or otherwise becomes
        incapable of acting, the Registrar shall call upon the party concerned
        to nominate a new arbitrator within such time as the Registrar may
        specify, and if no new arbitrator is nominated accordingly, the
        Registrar may nominate one himself;

   (c)  if the arbitrator who dies, or refuses or neglects to act, or becomes
        incapable of acting, was nominated by the Registrar, a new arbitrator
        shall be nominated in his place by the Registrar; and

   (d)  the opinion of the majority of the arbitrators shall prevail.