Hong Kong Ordinances

ARBITRATION ORDINANCE - SECT 2A

Appointment of conciliator

Due to technical constraints, sections 2AA, 2AB, 2AC and 2AD of this Ordinance
are placed after section 2A in the BLIS system. The correct sequence of the
sections should be "2AA, 2AB, 2AC, 2AD, 2A". PART IA

PROVISIONS APPLICABLE TO DOMESTIC AND INTERNATIONAL ARBITRATION (Replaced 75
of 1996 s. 5)

(1) In any case where an arbitration agreement provides for the appointment of
a conciliator by a person who is not one of the parties and 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 of
being requested by any party to the agreement to make the appointment, the
Court or a judge thereof may, on the application of any party to the
agreement, appoint a conciliator who shall have the like powers to act in the
conciliation proceedings as if he had been appointed in accordance with the
terms of the agreement. (Amended 64 of 1989 s. 4)

(2) Where an arbitration agreement provides for the appointment of a
conciliator and further provides that the person so appointed shall act as an
arbitrator in the event of the conciliation proceedings failing to produce a
settlement acceptable to the parties-

   (a)  no objection shall be taken to the appointment of such person as an
        arbitrator, or to his conduct of the arbitration proceedings, solely
        on the ground that he had acted previously as a conciliator in
        connection with some or all of the matters referred to arbitration;

   (b)  if such person declines to act as an arbitrator any other person
        appointed as an arbitrator shall not be required first to act as a
        conciliator unless a contrary intention appears in the arbitration 
        agreement.

(3) Unless a contrary intention appears therein, an arbitration  agreement
which provides for the appointment of a conciliator shall be deemed to contain
a provision that in the event of the conciliation proceedings failing to
produce a settlement acceptable to the parties within 3 months, or such longer
period as the parties may agree to, of the date of the appointment of the
conciliator or, where he is appointed by name in the arbitration agreement, of
the receipt by him of written notification of the existence of a dispute the
proceedings shall thereupon terminate.

(4) (Repealed 64 of 1989 s. 4)