Hong Kong Ordinances

ARBITRATION ORDINANCE - SECT 27

Power of Court where arbitrator is removed or authority of arbitrator is revoked

(1) Where an arbitrator, not being a sole arbitrator, or 2 or more
arbitrators, not being all the arbitrators, or an umpire who has not entered
on the reference is or are removed by the Court, the Court may, on the
application of any party to the arbitration agreement, appoint a person or
persons to act as arbitrator or arbitrators or umpire in place of the person
or persons so removed.

(2) Where the authority of an arbitrator or arbitrators or umpire is revoked
by leave of the Court, or a sole arbitrator or all the arbitrators or an
umpire who has entered on the reference is or are removed by the Court, the
Court may, on the application of any party to the arbitration agreement,
either-

   (a)  appoint a person to act as sole arbitrator in place of the person or
        persons removed; or

   (b)  order that the arbitration agreement shall cease to have effect with
        respect to the dispute referred.

(3) A person appointed under this section by the Court as an arbitrator or
umpire shall have the like power to act in the reference and to make an award
as if he had been appointed in accordance with the terms of the
arbitration agreement.

(4) Where it is provided, whether by means of a provision in the
arbitration agreement or otherwise, that an award under an arbitration 
agreement shall be a condition precedent to the bringing of an action with
respect to any matter to which the agreement applies, the Court, if it orders,
whether under this section or under any other enactment, that the agreement
shall cease to have effect as regards any particular dispute, may further
order that the provision making an award a condition precedent to the bringing
of an action shall also cease to have effect as regards that dispute. [cf.
1950 c. 27 s. 25 U.K.]