Hong Kong Ordinances

ARBITRATION ORDINANCE - SECT 12

Power of HKIAC in certain cases to appoint an arbitrator or umpire

(1) In any of the following cases-

   (a)  where an arbitration agreement provides that the reference shall be to
        a single arbitrator, and all the parties do not, after disputes have
        arisen, concur in the appointment of an arbitrator; (Amended 64 of
        1989 s. 10)

   (b)  if an appointed arbitrator refuses to act, or is incapable of acting,
        or dies, and the arbitration agreement does not show that it was
        intended that the vacancy should not be supplied and the parties do
        not supply the vacancy;

   (c)  where a party or an arbitrator is required or is at liberty to
        appoint, or concur in the appointment of, an umpire or an arbitrator
        and does not do so; (Replaced 17 of 1984 s. 2)

   (d)  where an appointed umpire or third arbitrator refuses to act, or is
        incapable of acting, or dies, and the arbitration agreement does not
        show that it was intended that the vacancy should not be supplied, and
        the parties or arbitrators do not supply the vacancy, any party may
        serve the other parties or the arbitrators, as the case may be, with a
        written notice to appoint, or, as the case may be, concur in
        appointing, an arbitrator, umpire or third arbitrator, and if the
        appointment is not made within 7 clear days after the service of the
        notice, HKIAC may, on application by the party who gave the notice,
        appoint an arbitrator, umpire or third arbitrator who shall have the
        like powers to act in the reference and make an award as if he had
        been appointed by consent of all parties. (Amended 75 of 1996 s. 10)

(2) In any case where-

   (a)  an arbitration agreement provides for the appointment of an arbitrator
        or umpire by a person who is neither one of the parties nor an
        existing arbitrator (whether the provision applies directly or in
        default of agreement by the parties or otherwise); and

   (b)  that person refuses to make the appointment or does not make it within
        the time specified in the agreement or, if no time is so specified,
        within a reasonable time, any party to the agreement may serve the
        person in question with a written notice to appoint an arbitrator or
        umpire and, if the appointment is not made within 7 clear days after
        the service of the notice, HKIAC may, on the application of the party
        who gave the notice, appoint an arbitrator or umpire who shall have
        the like powers to act in the reference and make an award as if he had
        been appointed in accordance with the terms of the agreement. (Added
        10 of 1982 s. 6. Amended 75 of 1996 s. 10)

(3) HKIAC may make rules to facilitate the performance of its functions under
this section. Any such rules take effect only when the Chief Justice has
approved them. (Added 75 of 1996 s. 10) [cf. 1950 c. 27 s. 10 U.K.; 1979 c. 42
s. 6(3) & (4) U.K.]