Hong Kong Ordinances

ARBITRATION ORDINANCE - SECT 2B

Power of arbitrator to act as conciliator

(1) If all parties to a reference consent in writing, and for so long as no
party withdraws in writing his consent, an arbitrator or umpire may act as a
conciliator.

(2) An arbitrator or umpire acting as conciliator-

   (a)  may communicate with the parties to the reference collectively or
        separately;

   (b)  shall treat information obtained by him from a party to the reference
        as confidential, unless that party otherwise agrees or unless
        subsection (3) applies.

(3) Where confidential information is obtained by an arbitrator or umpire from
a party to the reference during conciliation proceedings and those proceedings
terminate without the parties reaching agreement in settlement of their
dispute, the arbitrator or umpire shall, before resuming the arbitration
proceedings, disclose to all other parties to the reference as much of that
information as he considers is material to the arbitration proceedings.

(4) No objection shall be taken to the conduct of arbitration proceedings by
an arbitrator or umpire solely on the ground that he had acted previously as a
conciliator in accordance with this section. (Added 64 of 1989 s. 5)