Hong Kong Ordinances

ARBITRATION ORDINANCE - SECT 40E

Refusal of enforcement

(1) Enforcement of a Mainland award shall not be refused except in the cases
mentioned in this section.

(2) Enforcement of a Mainland award may be refused if the person against whom
it is invoked proves-

   (a)  that a party to the arbitration agreement was (under the law
        applicable to him) under some incapacity; or

   (b)  that the arbitration agreement was not valid under the law to which
        the parties subjected it or, failing any indication thereon, under the
        law of the Mainland; or

   (c)  that he was not given proper notice of the appointment of the
        arbitrator or of the arbitration proceedings or was otherwise unable
        to present his case; or

   (d)  subject to subsection (4), that the award deals with a difference not
        contemplated by or not falling within the terms of the submission to
        arbitration or contains decisions on matters beyond the scope of the
        submission to arbitration; or

   (e)  that the composition of the arbitral authority or the arbitral
        procedure was not in accordance with the agreement of the parties or,
        failing such agreement, with the law of the Mainland; or

   (f)  that the award has not yet become binding on the parties, or has been
        set aside or suspended by a competent authority of the Mainland or
        under the law of the Mainland.

(3) Enforcement of a Mainland award may also be refused if the award is in
respect of a matter which is not capable of settlement by arbitration under
the law of Hong Kong, or if it would be contrary to public policy to enforce
the award.

(4) A Mainland award which contains decisions on matters not submitted to
arbitration may be enforced to the extent that it contains decisions on
matters submitted to arbitration which can be separated from those on matters
not so submitted. (Part IIIA Added 2 of 2000 s. 5)