1963-HKRS28-8-30_Part02 — Page 2

Interpreta- tion.

Authority of

arbitrators

and umpires to be irrevocable.

14 Geo. 6,

. 27, s. 1.

Death of

party.

14 Geo. 6, c. 27. 6. 2

Bankruptcy

14 Geo. 6. *. 27, s. 3.

2

2. In this Ordinance, unless the context otherwise requires-

"arbitration agreement" means a written agreement to submit present or future differences to arbitration, whether an arbitrator is named therein or not;

"Court" means the Supreme Court;

"foreign award" means an award to which Part III applies.

3.

PART 11.

ARBITRATION WITHIN THE COLONY.

Effect of Arbitration Agreements, elc.

The authority of an arbitrator or umpire appointed by or by virtue of an arbitration agreement shall, unless a contrary intention is expressed in the agreement, be irrevocable except by leave of the Court or a judge thereof,

4. (1) An arbitration agreement shall not be discharged by the death of any party thereto, either as respects the deceased or any other party, but shall in such an event be enforceable by or against the personal representative of the deceased.

(2) The authority of an arbitrator shall not be revoked by the death of any party by whom he was appointed.

(3) Nothing in this section shall be taken to affect the operation of any enactment or rule of law by virtue of which any right of action is extinguished by the death of a person.

5. (1) Where it is provided by a term in a contract to which a bankrupt is a party that any differences arising thereout or in connexion therewith shall be referred to arbitration, the said term shall, if the trustee in bankruptcy adopts the contract, be enforceable by or against him so far as relates to any such differences.

(2) Where a person who has been adjudged bankrupt had, before the commencement of the bankruptcy, become a party to an arbitration agreement, and any matter to which the agreement applies requires to be determined in connexion with or for the purposes of the bankruptcy proceedings, then, if the case is one to which subsection (1) does not

apply, any other party to the agreement, or, with the consent of the committee of inspection, the trustee in bankruptcy, may apply to the Court for an order directing that the matter in question shall be referred to arbitration in accordance with the agreement, and the Court may, if it is of opinion that, having regard to all the circumstances of the case, the matter ought to be determined by arbitration, make an order accordingly.

to arbitration.

6 (1) If any party to an arbitration agreement, or any person Staying court

proceedings claiming through or under him, commences any legal proceedings in where there any court against any other party to the agreement, or any person claim is submission ing through or under him, in respect of any matter agreed to be referred, 14 Geo. 6, any party to those legal proceedings may at any time after appearance, £. 27. «. 4. and before delivering any pleadings or taking any other steps in the proceedings, apply to that court to stay the proceedings, and that court or a judgo thereof, if satisfied that there is no sufficient reason why the marter should not be referred in accordance with the agreement, and that the applicant was, at the time when the proceedings were com- menced, and still remains, ready and willing to do all things necessary to the proper conduct of the arbitration, may make an order staying the proceedings.

Schedule.

(2) Notwithstanding anything in this Part, if any party to a sub- mission to arbitration made in pursuance of an agreement to which the protocol set out in the First Schedule applies, or any person claiming First through or under him, commences any legal proceedings in any court against any other party to the submission, or any person claiming through or under him, in respect of any matter agreed to be referred. any party to those legal proceedings may at any time after appearance, and before delivering any pleadings or taking any other steps in the proceedings, apply to that court to stay the proceedings, and that court or a judge thereof, unless satisfied that the agreement or arbitration has become inoperative or cannot proceed 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 proceedings,

issues to

7. Where relief by way of interpleader is granted and it appears Reference of to the Court that the claims in question are matters to which an arbitra- interpleader tion agreement, to which the claimants are parties, applies, the Court arbitration, may direct the issue between the claimants to be determined in accord-

c. 27, a. $. ance with agreement.

14 Gea. 6,