Hong Kong Ordinances

ARBITRATION ORDINANCE - SECT 6

Court to refer matter to arbitration in certain cases

(1) Subject to subsections (2) and (3), article 8 of the UNCITRAL  Model Law
(Arbitration agreement and substantive claim before court) applies to a matter
that is the subject of a domestic arbitration  agreement in the same way as it
applies to a matter that is the subject of an
international arbitration agreement.

(2) Subject to subsection (3), if a party to an arbitration  agreement that
provides for the arbitration of a dispute involving a claim or other matter
this is within the jurisdiction of the Labour Tribunal or a person claiming
through or under such a party, commences legal proceedings in any court
against any other party to the agreement or any person claiming through or
under that other party, in respect of any matter agreed to be referred, and
any party to those legal proceedings applies to that court after appearance
and before delivering any pleadings or taking any other step in the
proceedings, to stay the proceedings, the court or a judge of that court may
make an order staying the proceedings, if satisfied that-

   (a)  there is no sufficient reason why the matter should not be referred in
        accordance with the agreement; and

   (b)  the applicant was ready and willing at the time the proceedings were
        commenced to do all things necessary for the proper conduct of the
        arbitration, and remains so.

(3) Subsections (1) and (2) have effect subject to section 15 of the
Control of Exemption Clauses Ordinance ( Cap 71). (Replaced 75 of 1996 s. 9)