Hong Kong Ordinances

ARBITRATION ORDINANCE - SECT 2AC

Arbitration agreement to be in writing

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".

(1) An agreement is not an arbitration agreement for the purposes of this
Ordinance unless it is in writing.

(2) An agreement is in writing for the purposes of subsection (1) if-

   (a)  the agreement is in a document, whether signed by the parties or not;
        or

   (b)  the agreement is made by an exchange of written communications; or

   (c)  although the agreement is not itself in writing, there is evidence in
        writing of the agreement; or

   (d)  the parties to the agreement agree otherwise than in writing by
        referring to terms that are in writing; or

   (e)  the agreement, although made otherwise than in writing, is recorded by
        one of the parties to the agreement, or by a third party, with the
        authority of each of the parties to the agreement; or

   (f)  there is an exchange of written submissions in arbitral or legal
        proceedings in which the existence of an agreement otherwise than in
        writing is alleged by one party against another party and is not
        denied by the other party in response to the allegation.

(3) A reference in an agreement-

   (a)  to a written form of arbitration clause; or

   (b)  to a document containing an arbitration clause, constitutes an
        arbitration agreement if the reference is such as to make that clause
        part of the agreement.

(4) In this section "writing" (書面) includes any means by which information
can be recorded.

(5) This section applies to all agreements that would, if they were
arbitration agreements, be either domestic arbitration agreements or
international arbitration agreements and applies to those agreements to the
exclusion of article 7(2) of the UNCITRAL Model Law. (Added 75 of 1996 s. 4)

"writing" (書面)