Amendment of
SACION 6
1973 . 3,
A PIXEL
Adducon at
(c) by adding after the definition "foreign award" the following new
definition-
--
"the New York Convention" means the Convention on the Recognition and Enforcement of Foreign Arbitral Awards adopted by the United Nations Conference on Inter- national Commercial Arbitration on 10th June 1958 the text of which is set out in the Third Schedule."
Section 6 of the principal Ordinance is amended by deleting mb- section (2).
4. The principal Ordinance new scalon fuk following new section-
Amendment of
section 30, 1975 c. 3.
* BAKEL
Amendment of
Bredon 32.
1975. 3.
R. BOKA.
Amendment of
pection 33.
1975 c. 3.
* SAKA
**Saying coMITT proceedings Where party prover Arblur-
don agreement 1975 6. 3. x. 1,
proviso,
6.
amended by adding after section 6 the
6A. (1) TỆ any party to an arbitration agreement to which this section applies, or any person chiming through or under him, corimences any legal proceedings in any court against any other party to the agreement, or say person clafm- ing through or under him, in respect of any matter agreed to be referred, any party to the proceedings may at any time after appearance, and before "delivering any pleadings or taking any other steps in the proceedings, apply to the court to stay the proceedings; and the court, unless satisfied that the arbitration agreement is null and void, inoperative or incapable of being performed or that there is not in fact any dispute between the parties with regard to the matter agreed to be referred, shall make an order staying the proceeding.
(2) Subsection (1)
(a) does not apply in relation to a domestic arbitration
agreement, but
(b) applies, in relation to other arbitration agreementi,
instead of section 6(1),
(3) In this section "domestic arbitration agreement" means an arbitration agreement which does not provide, ex- pressly or by implication, for arbitration in a State or terri- tory other than Hong Kong and to which netcher......
(4) ao individual who is a national of, or habitually resident in, any State or territory other than Hong Kong: Dor
(b) a body corporate which is incorporated in, or whose central mapagement and control is exercised in, any State or territory other than Hong Kong.
is a party at the time the proceedings are commenced."*.
Section 30 of the principal Ordinance is amended by deleting the
Section 32 of the principal Ordinance is amended by deleting the
following-
', except the provisions of subsection (2) of section 6,“.
7. Section 33 of the principal Ordinance is amended in subsection (2) by deleting the following
++
*, subsection (2) of section 6".
3
The principal Ordinance is amended by adding after Part 101 the Addidon of following new Part-
Replacemeta of former provbloms
1979 * 3. 8. 1.
Effect of Convention awards.
1975 . 3. * 30. 1975. 3. 5. 10.
Evidence.
1978 & 3, 1. 4,
Refusal of Catonement. 1975 c. 3. 1. 5.
"PART IV
ENFORCEMENT OF CONVENTION AWARDS
41. This Part shall have effect with respect to the en- forcement of Convention awards; and where a Convention award would, but for this section, be also a foreign award within the meaning of Part III, that Part shall not apply to it.
42. (1) A Convention award shall, subject to this Part be enforceable either by action or in the same manner as the award of an arbitrator is enforceable by virtue of section 28.
(2) Any Convention award which would be enforceable under this Pari shall be treated as binding for all purposes on the persona as between whom it was made, and may accord- ingly be relied on by any of those persons by way of defence, set off or otherwise in any legal proceedings in Hong Kong and any reference in this Part to enforcing a Convention award shall be construed as including references to relying on such an award.
43. The parly seeking to enforce a Convention award must produce—–
(a) the duly authenticated original award or a duly
certified copy of it;
(b) the original arbitration agreement or a duly cortified
copy of it; and
(c) where the award or agreement is in a foreign lan- guage, a translation of it certified by an official or sworn translator or by a diplomatic or consular agent.
44. (1) Enforcement of a Convention award shall not be refused except in the cases mentioned in this section.
(2) Enforcement of a Convention award may be refused if the person against whom it is invoked proves-
(a) that a party to the arbitration agreement was (under the law applicable to him) under some incapacity; or (b) that the arbitration agreement was not valid under the law to which the parties subjected 11 or, failing any indication thereon, under the law of the country where the award was made; or
(c) that he was not given proper notice of the appoint- ment of the arbitrator or of the arbitration proceed- ings or was otherwise unable to present his case; or
(d) subject to subsection (4), that the award deals with a difference not contemplated by or not falling within the terms of the submission to arbitration or con- tains decisions on matters beyond the scope of the submission to arbiuation; or
(e) that the composition of the arbitral authority or the arbitral procedure was not in accordance with the agreement of the parties or, failing such agreemcol, with the law of the country where the orbitration rook place; oT
new Part IV,