Hong Kong Ordinances

ARBITRATION ORDINANCE - SECT 5

Bankruptcy

(1) Where it is provided by a term in a contract to which a bankrupt is a
party that any disputes arising thereout or in connection therewith shall be
referred to arbitration, the said term shall, if the trustee in bankruptcy
adopts the contract, be enforceable by or against him so far as relates to any
such disputes. (Amended 64 of 1989 s. 8)

(2) Where a person who has been adjudged bankrupt had, before the commencement
of the bankruptcy, become a party to an arbitration  agreement, and any matter
to which the agreement applies requires to be determined in connection with or
for the purposes of the bankruptcy proceedings, then, if the case is one to
which subsection (1) does not apply, any other party to the agreement, or,
with the consent of the committee of inspection, the trustee in bankruptcy,
may apply to the Court for an order directing that the matter in question
shall be referred to arbitration in accordance with the agreement, and the
Court may, if it is of opinion that, having regard to all the circumstances of
the case, the matter ought to be determined by arbitration, make an order
accordingly. [cf. 1950 c. 27 s. 3 U.K.]