XN000022-1996-10-04 — Page 29

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an arbitral tribunal may limit the amount of costs recoverable in arbitration proceedings provided that sufficient advance notice has been given to the parties;

an arbitral tribunal will not be liable in law for an act or omission of its own or that of its employees or agents except in the case of dishonesty. A person who appointed an arbitral tribunal or carried out administrative functions in connection with arbitration proceedings should enjoy similar immunity;

the functions of the High Court relating to the appointment of an arbitrator (e.g. where the parties fail to agree on an appointment), whether under a domestic or an international arbitration agreement, will be transferred to HKIAC;

HKIAC is empowered to make rules relating to the performance of its functions, but the rules must be approved by the Chief Justice;

for proceedings under international arbitration agreements, HKIAC will have the power to determine he number of arbitrators to be appointed in the absence of agreement;

J

(m) in most circumstances, if a party to a domestic arbitration agreement (as well as a party to an international arbitration agreement) commences any legal proceeding in the High Court, the court will be required, on he application of the other party to the proceedings, to re er the matte to arbitration if the court is satisfied that the matter is the subject of an arbitration agreement; and

(n)

an arbitral tribunal dealing with a dispute arising under a domestic arbitration agreement shall rule on its own jurisdictior (as in the case of an international arbitration), including ruling on ary objec ions with respect to the existence or validity of the arbitration a reemen

The Bill will be introduced into the Legislative Council on (ctober 9.