Hong Kong Ordinances

ARBITRATION ORDINANCE - SECT 9

Power of parties in certain cases to supply vacancy

Where an arbitration agreement provides that the reference shall be to 2
arbitrators, one to be appointed by each party, then, unless a contrary
intention is expressed therein-

   (a)  if either of the appointed arbitrators refuses to act, or is incapable
        of acting, or dies, the party who appointed him may appoint a new
        arbitrator in his place;

   (b)  if, on such a reference, one party fails to appoint an arbitrator,
        either originally, or by way of substitution as aforesaid, for 7 clear
        days after the other party, having appointed his arbitrator, has
        served the party making default with notice to make the appointment,
        the party who has appointed an arbitrator may appoint that arbitrator
        to act as sole arbitrator in the reference and his award shall be
        binding on both parties as if he had been appointed by consent:
        Provided that the Court or a judge thereof may set aside any
        appointment made in pursuance of this section. [cf. 1950 c. 27 s. 7
        U.K.]