Arbitration

[1982 Ed.

Commencement of arbitration.

[cf. 1950 c. 27, s. 29.]

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Crown to be bound.

1950 c. 27, s. 30.

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Application of Part II to

statutory arbitrations.

1950 c. 27, s. 31.

section 29A, the remuneration of the arbitrator in respect of his services) as the authority making the order thinks just.

(Amended, 85 of 1975, s. 5 and 10 of 1982, s. 12)

31. (1) An arbitration shall be deemed to be commenced when one party to the arbitration agreement serves on the other party or parties a notice requiring him or them to appoint or concur in appointing 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.

(2) Any such notice as is mentioned in subsection (1) 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 in the Colony 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 in the Colony Hong Kong

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.

32. This Part shall apply to any arbitration to which the Crown is a party.

(Amended, 85 of 1975, s. 6)

33. (1) Subject to the provisions of section 34, this Part, except the provisions thereof specified in subsection (2), shall apply to every arbitration under any other enactment, whether passed before or after the commencement of this Ordinance, as if the arbitration were pursuant to an arbitration agreement and as if that other enactment were an arbitration agreement, except in so far as this Ordinance is inconsistent with that other enactment or with any rules or procedure authorized or recognized thereby.

(2) The provisions referred to in subsection (1) are sections 4(1), 5, 7, 20(3), 26, 27 and 29.

(Amended, 85 of 1975, s. 7)

34. This Part shall not affect any arbitration commenced, within the meaning of section 31(1), before the commencement of this Ordinance, but shall apply to an arbitration so commenced after the commencement of this Ordinance under an agreement made before the commencement of this Ordinance.

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