1964_ARBITRATION_ORDINANCE — Page 7

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CAP. 341]

Arbitration

[1982 Ed.

Consolidation of arbitrations.

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 proceedings.

(2) Subsection (1)—

(a) does not apply in relation to a domestic arbitration agreement, but

(b) applies, in relation to other arbitration agreements, instead of section 6(1).

(3) In this section "domestic arbitration agreement" means an arbitration agreement which does not provide, expressly or by implication, for arbitration in a State or territory other than Hong Kong and to which neither-

(a) an individual who is a national of, or habitually resident in, any State or territory other than Hong Kong; nor

(b) a body corporate which is incorporated in, or whose central management and control is exercised in, any State or territory other than Hong Kong,

is a party at the time the proceedings are commenced.

(Added, 85 of 1975, s. 4)

6B. (1) Where in relation to two or more arbitration proceedings it appears to the Court-

(a) that some common question of law or fact arises in both or all of them, or

(b) that the rights to relief claimed therein are in respect of or arise out of the same transaction or series of transactions,

or

(c) that for some other reason it is desirable to make an order under this section,

the Court may order those arbitration proceedings to be consolidated on such terms as it thinks just or may order them to be heard at the same time, or one immediately after another, or may order any of them to be stayed until after the determination of any other of them.

(2) Where the Court orders arbitration proceedings to be consolidated under subsection (1) and all parties to the consolidated arbitration proceedings are in agreement as to the choice of arbitrator or umpire for those proceedings the same shall be appointed by the Court but if all parties cannot agree the Court shall have power to appoint an arbitrator or umpire for those proceedings. (Added, 10 of 1982, s. 3)

(3)

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