1988 Ed.] The Rules of the Supreme Court Order 73
[CAP. 4
to be served is, or probably may be found; and no such leave shall be granted unless it shall be made sufficiently to appear to the Court that the case is a proper one for service out of the jurisdiction under this rule.
(3) Order 11, rules 5, 6 and 8, shall apply in relation to any such summons, notice or order as is referred to in paragraph (1) as they apply in relation to a writ.
Registration in High Court of foreign awards (O. 73, r. 8)
8. Where an award is made in proceedings on an arbitration in any territory to which sections 3 to 9 of the Foreign Judgments (Reciprocal Enforcement) Ordinance extend, being a part to which the said Ordinance has been applied, then, if the award has, in pursuance of the law in force in the place where it was made, become enforceable in the same manner as a judgment given by a court in that place, Order 71 shall apply in relation to the award as it applies in relation to a judgment given by that court, subject, however, to the following modifications--
(a) for references to the country of the original court there shall be substituted references to the place where the award was made; and
(b) the affidavit required by rule 3 of the said Order must state (in addition to the other matters required by that rule) that to the best of the information or belief of the deponent the award has, in pursuance of the law in force in the place where it was made, become enforceable in the same manner as a judgment given by a court in that place.
79.
Enforcement of settlement agreement under section 2A(4) of the Arbitration Ordinance or of award under section 28 of that Ordinance (O. 73, r. 10)
10. (1) An application for leave-
2C
(a) under section 2A(4) of the Arbitration Ordinance to enforce a settlement agreement, or
24
(b) under section 28 of that Ordinance to enforce an award on an arbitration agreement,
may be made ex parte but the Court hearing the application may direct a summons to be issued.
(2) If the Court directs a summons to be issued, the summons shall be an originating summons which shall be in Form No. 10 in Appendix A.
(3) An application for leave must be supported by affidavit- (a) exhibiting-
20
(i) where the application is under section 2A(4) of the Arbitration Ordinance, the arbitration agreement and the original settlement agreement or, in either case, a copy thereof;
A 277
[Subsidiary]
(Cap. 319.)
LN363/90
(Cap. 341.)
App. A. Form 10.
1988 Ed.] The Rules of the Supreme Court Order 73
[CAP. 4
to be served is, or probably may be found; and no such leave shall be granted unless it shall be made sufficiently to appear to the Court that the case is a proper one for service out of the jurisdiction under this rule.
(3) Order 11, rules 5, 6 and 8, shall apply in relation to any such summons, notice or order as is referred to in paragraph (1) as they apply in relation to a writ.
Registration in High Court of foreign awards (O. 73, r. 8)
8. Where an award is made in proceedings on an arbitration in any territory to which sections 3 to 9 of the Foreign Judgments (Reciprocal Enforcement) Ordinance extend, being a part to which the said Ordinance has been applied, then, if the award has, in pursuance of the law in force in the place where it was made, become enforceable in the same manner as a judgment given by a court in that place, Order 71 shall apply in relation to the award as it applies in relation to a judgment given by that court, subject, however, to the following modifications--
(a) for references to the country of the original court there shall be substituted references to the place where the award was made; and
(b) the affidavit required by rule 3 of the said Order must state (in addition to the other matters required by that rule) that to the best of the information or belief of the deponent the award has, in pursuance of the law in force in the place where it was made, become enforceable in the same man- ner as a judgment given by a court in that place.
79.
Enforcement of settlement agreement under section 2A(4) of the Arbitration Ordinance or of award under section 28 of that Ordinance (0. 73, r. 10)
10. (1) An application for leave-
2C
(HK)(a) under section 2A(4) of the Arbitration Ordinance to en-
force a settlement agreement, or
24
(b) under section 28 of that Ordinance to enforce an award on
an arbitration agreement,
in the same manner as a judgment or order may be made ex parte but the Court hearing the application may direct a summons to be issued.
(2) If the Court directs a summons to be issued, the summons shall be an originating summons which shall be in Form No. 10 in Appendix A.
(3) An application for leave must be supported by affidavit- (a) exhibiting-
20
(HK)(i) where the application is under section 2A(4) of the Arbitration Ordinance, the arbitration agreement and the original settlement agreement or, in either case, a copy thereof;
A 277
[Subsidiary]
(Cap. 319.)
LN363/90
(Cap. 341.)
App. A. Form 10.
i
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