Hong Kong Ordinances

ARBITRATION ORDINANCE - SECT 23C

Interlocutory orders

(1) If any party to a reference under an arbitration agreement fails within
the time specified in the order or, if no time is so specified, within a
reasonable time to comply with an order made by the arbitrator or umpire in
the course of the reference, then, on the application of the arbitrator or
umpire or of any party to the reference, the Court may make an order extending
the powers of the arbitrator or umpire as mentioned in subsection (2).

(2) If an order is made by the Court under this section, the arbitrator or
umpire shall have power, to the extent and subject to any conditions specified
in that order, to continue with the reference in default of appearance or of
any other act by one of the parties in like manner as a judge of the Court
might continue with proceedings in that court where a party fails to comply
with an order of that court or a requirement of rules of court.

(3) Section 13A(6) shall not apply in relation to the power of the Court to
make an order under this section, but in the case of a reference to a
judge-arbitrator or judge-umpire that power shall be exercisable as in the
case of any other reference to arbitration and also by the judge-arbitrator or
judge-umpire himself.

(4) Anything done by a judge-arbitrator or judge-umpire in the exercise of the
power conferred by subsection (3) shall be done by him in his capacity as
judge of the Court and have effect as if done by that court.

(5) The preceding provisions of this section have effect notwithstanding
anything in any agreement but do not derogate from any powers conferred on an
arbitrator or umpire, whether by an arbitration  agreement or otherwise.

(6) In this section "judge-arbitrator" (法官仲裁員) and "judge-umpire"
(法官公斷人) have the same meaning as in the Fourth Schedule. (Added 10
of 1982 s. 10) [cf. 1979 c. 42 s. 5 U.K.]

"judge-arbitrator" (法官仲裁員) and "judge-umpire" (法官公斷人)