1963-HKRS29-8-30_Part02 — Page 4

Terms as to costa, etc.

14 Gec. 5, c. 27, s. 28.

Comravence- ment of arbitration.

14 Geo. 6, c. 27, 6. 29.

Crowa to

be bound.

14 Geo. 6.

c. 27. a. 30.

Application

statutory

arbitration.

14 Geo. 6,

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on such terms, if any, as the justice of the case may require, but without prejudice to the provisions of any enactment limiting the time for the commencement of arbitration proceedings, extend the time for such period as it thinks proper.

30. Any order made under this Part may be made on such terms as to costs or otherwise as the authority making the order thinks just: Provided that this section shall not apply to any order made under subsection (2) of section 6.

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 (5) 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. 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 lime at which the letter would have been delivered in the ordinary course of post.

32. This Part, except the provisions of subsection (2) of section 6, shall apply to any arbitration to which the Crown is a party.

33. (1) Subject to the provisions of section 34, this Part, except of Part II to 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.

c. 17, s. 3L

(2) The provisions referred to in subsection (1) are sections 5, 7, 26, 27 and 29, subsection (1) of section 4, subsection (2) of section 6 and subsection (3) of section 20.

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34. This Part shall not affect any arbitration commenced, within Transitional- the meaning of subsection (1) of section 31, before the commencement Part I.

14 Geo. 6, of this Ordinance, but shall apply to an arbitration so commenced after

c. 27, s. 33. the commencement of this Ordinance under an agreement made before the commencement of this Ordinance.

35. Order XXV of the Code of Civil Procedure is revoked.

PART III.

ENFORCEMENT OF CERTAIN FOREIGN AWARDS.

Revocation. (VaL VII. P. 184).

36. This Part shall apply to any award made after the 28th day Awards to which Part of July, 1924-m

It applies. (a) in pursuance of an agreement for arbitration to which the 14 Geo. 6

protocol set out in the First Schedule applies; and

4. 27, 8. 35. First

(b) between persons of whom one is subject to the jurisdiction of Schedule.

some one of such Powers as Her Majesty, being satisfied that reciprocal provisions having been made, may by Order in Council declare to be parties to the convention set out in the Second Schedule, and of whom the other is subject to the Second

Schedule. jurisdiction of some other of the Powers aforesaid; and

(c) in one of such territories as Her Majesty, being satisfied that reciprocal provisions having been made, may by Order in Council declare to be territories to which the said convention applics.

37. (1) A foreign award shall, subject to the provisions of this Effect of Part, be enforceable in the Colony either by action or in the same foreign manner as the award of an arbitrator is enforceable by virtue of 14 G. 6,

section 28.

(2) Any foreign award which would be enforceable under this Part shall be treated as binding for all purposes on the persons as between whom it was made, and may accordingly be relied on by any of those persoas by way of defence, set off or otherwise in any legal proceedings in the Colony, and any references in this Part to enforcing a foreign award shall be construed as including references to relying on an award.

awards.

c. 27, s. 36,

38. (1) In order that a foreign award may be enforceable under Conditions this Part it must have-

for enforce

ment of

(a) been made in pursuance of an agreement for arbitration which foreign

was valid under the law by which it was governed;

awards. 14 Geo. 6,

(b) been made by the tribunal provided for in the agreement or *- 27, 8. 37.

constituted in manner agreed upon by the parties;