Hong Kong Ordinances

ARBITRATION ORDINANCE - SECT 2GC

Special powers of Court in relation to arbitration proceedings

(1) The Court or a judge of the Court may, in relation to a particular
arbitration proceeding, do any of the following-

   (a)  make an order directing an amount in dispute to be secured;

   (b)  in relation to relevant property-

        (i)    make an order directing the inspection, photographing,
               preservation, custody, detention or sale of the property by the
               tribunal, a party to the proceedings or an expert; or

        (ii)   make an order directing samples to be taken from, observations
               to be made of, or experiments to be conducted on the property;

   (c)  grant an interim injunction or direct any other interim measure to be
        taken.

(2) Property is relevant property for the purposes of subsection

(1)(b) if-

   (a)  the property is owned by or is in the possession of a party to the
        arbitration proceedings concerned; and

   (b)  the property is subject to the proceedings, or any question relating
        to the property has arisen in those proceedings.

(3) The Court or a judge of the Court may order a person to attend proceedings
before an arbitral tribunal to give evidence or to produce documents or other
material evidence.

(4) The Court or a judge of the Court may also order a writ of habeas corpus
ad testificandum to be issued requiring a prisoner to be taken for examination
before an arbitral tribunal.

(5) The powers conferred by this section can be exercised irrespective of
whether or not similar powers may be exercised under section 2GB in relation
to the same dispute.

(6) The Court or a judge of the Court may decline to make an order under this
section in relation to a matter referred to in subsection (1) on the ground
that-

   (a)  the matter is currently the subject of arbitration proceedings; and

   (b)  the Court or the judge considers it more appropriate for the matter to
        be dealt with by the relevant arbitral tribunal. (Added 75 of 1996 s.
        7)