1964_RULES_OF_THE_SUPREME_COURT — Page 275

1988 Ed.] The Rules of the Supreme Court Order 73

[CAP. 4

A 275

[Subsidiary]

(3) An application for a declaration that an award made by an arbitrator or umpire is not binding on a party to the award on the ground that it was made without jurisdiction may be made by originating motion to a single judge in court, but the foregoing provision shall not be taken as affecting the judge's power to refuse to make such a declaration in proceedings begun by motion.

Matters for judge in chambers or master (O. 73, r. 3)

3. (1) Subject to the foregoing provisions of this Order and the provisions of this rule, the jurisdiction of the High Court or a judge thereof under the Arbitration Ordinance, may be exercised by a judge in chambers or a master.

(2) Any application—

(a) for leave to appeal under section 23(2) of the Arbitration Ordinance, or

(b) under section 23(5) of that Ordinance (including any application for leave), or

(c) under section 23 of that Ordinance, or (HK)(d) under section 29A of that Ordinance,

shall be made to a judge in chambers.

(3) Any application to which this rule applies shall, where an action is pending, be made by summons in the action, and in any other case by an originating summons which shall be in Form No. 10 in Appendix A.

(4) Where an application is made under section 23(5) of the Arbitration Ordinance (including any application for leave) the summons must be served on the arbitrator or umpire and on any other party to the reference.

Time limits and other special provisions as to appeals and applications under the Arbitration Ordinance (O. 73, r. 5)

5. (1) An application to the Court—

(a) to remit an award under section 24 of the Arbitration Ordinance, or

(b) to set aside an award under section 25(2) of that Ordinance or otherwise, or

(c) to direct an arbitrator or umpire to state the reasons for an award under section 23(5) of that Ordinance,

must be made, and the summons or notice must be served, within 21 days after the award has been made and published to the parties.

(2) In the case of an appeal to the Court under section 23(2) of the Arbitration Ordinance, the notice must be served, and the appeal entered, within 21 days after the award has been made and published to the parties:

(Cap. 341.)

App. A. Form 10.

(Cap. 341.)

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