||Title:||ARBITRATION ORDINANCE||Gazette Number:||L.N. 38 of 2011|
(1) In this Ordinance—
“arbitral tribunal” (仲裁庭) means a sole arbitrator or a panel of arbitrators, and includes an umpire;
“arbitration” (仲裁) means any arbitration, whether or not administered by a permanent arbitral institution;
“arbitration agreement” (仲裁協議) has the same meaning as in section 19;
“arbitrator” (仲裁員), except in sections 23, 24, 30, 31, 32 and 65 and section 1 of Schedule 2, includes an umpire;
“claimant” (申索人) means a person who makes a claim or a counter-claim in an arbitration;
“Commission” (貿法委) means the United Nations Commission on International Trade Law;
“Convention award” (公約裁決) means an arbitral award made in a State or the territory of a State, other than China or any part of China, which is a party to the New York Convention;
“Court” (原訟法庭) means the Court of First Instance of the High Court;
“dispute” (爭議) includes a difference;
“function” (職能) includes a power and a duty;
“HKIAC” (香港國際仲裁中心) means the Hong Kong International Arbitration Centre, a company incorporated in Hong Kong under the Companies Ordinance (Cap 32) and limited by guarantee;
“interim measure” (臨時措施)—
and “interim measure of protection” (臨時保全措施) is to be construed accordingly;
(a) if it is granted by an arbitral tribunal, has the same meaning as in section 35(1) and (2); or
(b) if it is granted by a court, has the same meaning as in section 45(9),
“the Mainland” (內地) means any part of China other than Hong Kong, Macao and Taiwan;
“Mainland award” (內地裁決) means an arbitral award made in the Mainland by a recognized Mainland arbitral authority in accordance with the Arbitration Law of the People’s Republic of China;
“mediation” (調解) includes conciliation;
“New York Convention” (《紐約公約》) means the Convention on the Recognition and Enforcement of Foreign Arbitral Awards done at New York on 10 June 1958;
“recognized Mainland arbitral authority” (認可內地仲裁當局) means an arbitral authority that is specified in the list of recognized Mainland arbitral authorities published by the Secretary for Justice under section 97;
(a) means a party to an arbitration agreement; or
(b) in relation to any arbitral or court proceedings, means a party to the proceedings;
“repealed Ordinance” (《舊有條例》) means the Arbitration Ordinance (Cap 341) repealed by section 109;
“respondent” (被申請人) means a person against whom a claim or a counterclaim is made in an arbitration;
“UNCITRAL Model Law” (《貿法委示範法》) means the UNCITRAL Model Law on International Commercial Arbitration as adopted by the Commission on 21 June 1985 and as amended by the Commission on 7 July 2006, the full text of which is set out in Schedule 1.
(a) a provision of this Ordinance refers to the fact that the parties have agreed, or in any other way refers to an agreement of the parties, the agreement includes any arbitration rules referred to in that agreement; or
(b) a provision of this Ordinance provides that the parties may agree, the agreement, if any, may include any arbitration rules by referring to those rules in that agreement.
(4) A note located in the text of this Ordinance, a section heading of any provision of this Ordinance or a heading of any provision of the UNCITRAL Model Law is for reference only and has no legislative effect.
(a) a provision of this Ordinance (other than sections 53 and 68) refers to a claim, that provision also applies to a counter-claim; or
(b) a provision of this Ordinance (other than section 53) refers to a defence, that provision also applies to a defence to a counter-claim.
(5) If the Chinese equivalent of an English expression used in any provision of this Ordinance is different from the Chinese equivalent of the same English expression used in any provision of the UNCITRAL Model Law, those Chinese equivalents are to be treated as being identical in effect.