CAP. 341]
Arbitration
[1982 Ed.
64/8916
Interlocutory orders.
1979 c. 42, s. 5.
(5) Except as provided by subsection (1), sections 23 and 23A shall have effect notwithstanding anything in any agreement purporting
(a) to prohibit or restrict access to the Court; or
(b) to restrict the jurisdiction of that Court; or
(c) to prohibit or restrict the making of a reasoned award.
(6) An exclusion agreement shall be of no effect in relation to an award made on, or a question of law arising in the course of a reference under, a statutory arbitration, that is to say, such an arbitration as is referred to in section 33(1).
(7) An exclusion agreement shall be of no effect in relation to an award made on, or a question of law arising in the course of a reference under, an arbitration agreement which is a domestic arbitration agreement unless the exclusion agreement is entered into after the commencement of the arbitration in which the award is made or, as the case may be, in which the question of law arises.
(8) In this section "domestic arbitration agreement" means an arbitration agreement which does not provide, expressly or by implication, for arbitration in a State or territory other than Hong Kong and to which neither-
(a) an individual who is a national of, or habitually resident in,
any State or territory other than Hong Kong; nor
(b) a body corporate which is incorporated in, or whose central management and control is exercised in, any State or territory other than Hong Kong,
is a party at the time the arbitration agreement is entered into.
(Added 10 of 1982, s. 10)
23C. (1) If any party to a reference under an arbitration agreement fails within the time specified in the order or, if no time is so specified, within a reasonable time to comply with an order made by the arbitrator or umpire in the course of the reference, then, on the application of the arbitrator or umpire or of any party to the reference, the Court may make an order extending the powers of the arbitrator or umpire as mentioned in subsection (2).
(2) If an order is made by the Court under this section, the arbitrator or umpire shall have power, to the extent and subject to any conditions specified in that order, to continue with the reference in default of appearance or of any other act by one of the parties in like manner as a judge of the Court might continue with proceedings in that court where a party fails to comply with an order of that court or a requirement of rules of court.
(3) Section 13A(6) shall not apply in relation to the power of the Court to make an order under this section, but in the case of a reference to a judge-arbitrator or judge-umpire that power shall be