Hong Kong Ordinances

ARBITRATION ORDINANCE - SECT 2GN

Appointors and administrators to be liable only for certain acts and omissions

(1) A person-

   (a)  who appoints an arbitral tribunal; or

   (b)  who exercises or performs any other function of an administrative
        nature in connection with arbitration proceedings, is liable in law
        for the consequences of doing or omitting to do an act in the exercise
        or performance or the purported exercise or performance of the
        function only if it is proved that the act was done or omitted to be
        done dishonestly. (Amended 80 of 1997 s. 102)

(2) Subsection (1) does not apply to an act done or omitted to be done by the
parties to the arbitration proceedings or to their legal representatives or
advisers in the exercise or performance or the purported exercise or
performance, of a function of an administrative nature in connection with
those proceedings.

(3) An employee or agent of a person who has done or omitted to do an act
referred to in subsection (1) is liable in law for the consequence of the act
done or omission only if it is proved-

   (a)  that the act or omission was committed dishonestly; and

   (b)  that the employee or agent was a party to the dishonesty.

(4) Neither a person to whom subsection (1) applies nor an employee or agent
of the person is liable in law for the consequences of any act or omission of
the arbitral tribunal concerned, or by its employees or agents, in the
exercise or performance or the purported exercise or performance of the
tribunal's arbitral functions merely because the person, employee or agent has
exercised or performed a function referred to in that subsection.

(5) In this section "appointing" (委任) includes nominating and designating.
(Added 75 of 1996 s. 7)

"appointing" (委任)