CAP. 341]
Arbitration
[1982 Ed.
Determination of preliminary point of law by Court.
1979 c. 42, s. 2.
(Cap. 4.)
(5) Subject to subsection (6), if an award is made and, on an application made by any of the parties to the reference-
(a) with the consent of all the other parties to the reference; or
(b) subject to section 23B, with the leave of the Court,
it appears to the Court that the award does not or does not sufficiently set out the reasons for the award, the Court may order the arbitrator or umpire concerned to state the reasons for his award in sufficient detail to enable the Court, should an appeal be brought under this section, to consider any question of law arising out of the award.
(6) In any case where an award is made without any reason being given, the Court shall not make an order under subsection (5) unless it is satisfied-
(a) that before the award was made one of the parties to the reference gave notice to the arbitrator or umpire concerned that a reasoned award would be required; or
(b) that there is some special reason why such a notice was not given.
(7) No appeal shall lie to the Court of Appeal from a decision of the Court on an appeal under this section unless the Court or the Court of Appeal gives leave.
(8) Where the award of an arbitrator or umpire is varied on appeal, the award as varied shall have effect (except for the purposes of this section) as if it were the award of the arbitrator or umpire.
(Replaced, 10 of 1982, s. 9)
23A. (1) Subject to subsection (2) and section 23B, on an application to the Court made by any of the parties to a reference-
(a) with the consent of an arbitrator who has entered on the reference or, if an umpire has entered on the reference, with his consent, or
(b) with the consent of all the other parties,
the Court shall have jurisdiction to determine any question of law arising in the course of the reference.
(2) The Court shall not entertain an application under subsection (1)(a) with respect to any question of law unless it is satisfied that-
(a) the determination of the application might produce substantial savings in costs to the parties; and
(b) the question of law is one in respect of which leave to appeal would be likely to be given under section 23(3)(b).
(3) A decision of the Court under subsection (1) shall be deemed to be a judgment of the Court within the meaning of section 14 of the Supreme Court Ordinance (appeals to the Court of
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Page 16
14
CAP. 341]
Arbitration
[1982 Ed.
Determination of preliminary point of law by Court.
1979 c. 42, s. 2.
(Cap. 4.)
(5) Subject to subsection (6), if an award is made and, on an application made by any of the parties to the reference-
(a) with the consent of all the other parties to the reference; or
(b) subject to section 23B, with the leave of the Court,
it appears to the Court that the award does not or does not sufficiently set out the reasons for the award, the Court may order the arbitrator or umpire concerned to state the reasons for his award in sufficient detail to enable the Court, should an appeal be brought under this section, to consider any question of law arising out of the award.
(6) In any case where an award is made without any reason being given, the Court shall not make an order under subsection (5) unless it is satisfied-
(a) that before the award was made one of the parties to the reference gave notice to the arbitrator or umpire concerned that a reasoned award would be required; or
(b) that there is some special reason why such a notice was not
given.
(7) No appeal shall lie to the Court of Appeal from a decision of the Court on an appeal under this section unless the Court or the Court of Appeal gives leave.
(8) Where the award of an arbitrator or umpire is varied on appeal, the award as varied shall have effect (except for the purposes of this section) as if it were the award of the arbitrator or umpire.
(Replaced, 10 of 1982, s. 9)
23A. (1) Subject to subsection (2) and section 23B, on an application to the Court made by any of the parties to a reference-
(a) with the consent of an arbitrator who has entered on the reference or, if an umpire has entered on the reference, with his consent, or
(b) with the consent of all the other parties,
the Court shall have jurisdiction to determine any question of law arising in the course of the reference.
(2) The Court shall not entertain an application under subsec- tion (1)(a) with respect to any question of law unless it is satisfied that-
(a) the determination of the application might produce sub-
stantial savings in costs to the parties; and
(b) the question of law is one in respect of which leave to
appeal would be likely to be given under section 23(3)(b).
(3) A decision of the Court under subsection (1) shall be deemed to be a judgment of the Court within the meaning of section 14 of the Supreme Court Ordinance (appeals to the Court of
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