Hong Kong Ordinances

ARBITRATION ORDINANCE - SECT 34C

Application of UNCITRAL Model Law

(Past version on 30/06/1997).

Amendments retroactively made - see 25 of 1998 s. 2 Application of
the UNCITRAL Model Law

(1) An arbitration agreement and an arbitration to which this Part applies are
governed by Chapters I to VII of the UNCITRAL Model Law.

(2) Article 1(1) of the UNCITRAL Model Law shall not have the effect of
limiting the application of the UNCITRAL Model Law to international commercial
arbitrations.

(3) HKIAC is the court or other authority competent to perform the functions
referred to in article 11(3) and (4) of the UNCITRAL Model Law and may make
rules to facilitate the performance of those functions. Any such rules take
effect only when the Chief Justice has approved them. (Replaced 75 of 1996 s.
14)

(4) The Court of First Instance is the court or other authority competent to
perform the functions referred to in articles 13(3), 14, 16(3) and 34(2) of
the UNCITRAL Model Law. (Added 75 of 1996 s. 14. Amended 25 of 1998 s. 2)

(5) If the parties to an arbitration agreement to which this Part applies fail
to agree as to the number of arbitrators that is to determine a dispute
arising under the agreement, the number of arbitrators is to be either 1 or 3
as decided by HKIAC in the particular case. This subsection applies to the
exclusion of article 10(2) of the UNCITRAL Model Law. (Added 75 of 1996 s. 14)