Preliminary
General Provisions
7. Article 1 of UNCITRAL Model Law (Scope of application)8. Article 2 of UNCITRAL Model Law (Definitions and rules of interpretation)9. Article 2A of UNCITRAL Model Law (International origin and general principles)10. Article 3 of UNCITRAL Model Law (Receipt of written communications)11. Article 4 of UNCITRAL Model Law (Waiver of right to object)12. Article 5 of UNCITRAL Model Law (Extent of court intervention)13. Article 6 of UNCITRAL Model Law (Court or other authority for certain functions of arbitration assistance and supervision)14. Application of Limitation Ordinance and other limitation enactments to arbitrations15. Reference of interpleader issue to arbitration by court16. Proceedings to be heard otherwise than in open court17. Restrictions on reporting of proceedings heard otherwise than in open court18. Disclosure of information relating to arbitral proceedings and awards prohibited
Arbitration Agreement
19. Article 7 of UNCITRAL Model Law (Definition and form of arbitration agreement)20. Article 8 of UNCITRAL Model Law (Arbitration agreement and substantive claim before court)21. Article 9 of UNCITRAL Model Law (Arbitration agreement and interim measures by court)22. Whether agreement discharged by death of a party
Enforcement of Emergency Relief
Composition of Arbitral Tribunal
Division 1: Arbitrators
23. Article 10 of UNCITRAL Model Law (Number of arbitrators)24. Article 11 of UNCITRAL Model Law (Appointment of arbitrators)25. Article 12 of UNCITRAL Model Law (Grounds for challenge)26. Article 13 of UNCITRAL Model Law (Challenge procedure)27. Article 14 of UNCITRAL Model Law (Failure or impossibility to act)28. Article 15 of UNCITRAL Model Law (Appointment of substitute arbitrator)29. Death of arbitrator or person appointing arbitrator30. Appointment of umpire31. Functions of umpire in arbitral proceedingsDivision 2: Mediators
32. Appointment of mediator33. Power of arbitrator to act as mediatorJurisdiction of Arbitral Tribunal
Interim Measures and Preliminary Orders
Division 1: Interim Measures
35. Article 17 of UNCITRAL Model Law (Power of arbitral tribunal to order interim measures)36. Article 17A of UNCITRAL Model Law (Conditions for granting interim measures)Division 2: Preliminary Orders
37. Article 17B of UNCITRAL Model Law (Applications for preliminary orders and conditions for granting preliminary orders)38. Article 17C of UNCITRAL Model Law (Specific regime for preliminary orders)Division 3: Provisions Applicable to Interim Measures and Preliminary Orders
39. Article 17D of UNCITRAL Model Law (Modification, suspension, termination)40. Article 17E of UNCITRAL Model Law (Provision of security)41. Article 17F of UNCITRAL Model Law (Disclosure)42. Article 17G of UNCITRAL Model Law (Costs and damages)Division 4: Recognition and Enforcement of Interim Measures
43. Article 17H of UNCITRAL Model Law (Recognition and enforcement)44. Article 17I of UNCITRAL Model Law (Grounds for refusing recognition or enforcement)Division 5: Court-ordered Interim Measures
45. Article 17J of UNCITRAL Model Law (Court-ordered interim measures)Conduct of Arbitral Proceedings
46. Article 18 of UNCITRAL Model Law (Equal treatment of parties)47. Article 19 of UNCITRAL Model Law (Determination of rules of procedure)48. Article 20 of UNCITRAL Model Law (Place of arbitration)49. Article 21 of UNCITRAL Model Law (Commencement of arbitral proceedings)50. Article 22 of UNCITRAL Model Law (Language)51. Article 23 of UNCITRAL Model Law (Statements of claim and defence)52. Article 24 of UNCITRAL Model Law (Hearings and written proceedings)53. Article 25 of UNCITRAL Model Law (Default of a party)54. Article 26 of UNCITRAL Model Law (Expert appointed by arbitral tribunal)55. Article 27 of UNCITRAL Model Law (Court assistance in taking evidence)56. General powers exercisable by arbitral tribunal57. Arbitral tribunal may limit amount of recoverable costs58. Power to extend time for arbitral proceedings59. Order to be made in case of delay in pursuing claims in arbitral proceedings60. Special powers of Court in relation to arbitral proceedings61. Enforcement of orders and directions of arbitral tribunal62. Power of Court to order recovery of arbitrator’s fees63. Representation and preparation work
Making of Award and Termination of Proceedings
64. Article 28 of UNCITRAL Model Law (Rules applicable to substance of dispute)65. Article 29 of UNCITRAL Model Law (Decision-making by panel of arbitrators)66. Article 30 of UNCITRAL Model Law (Settlement)67. Article 31 of UNCITRAL Model Law (Form and contents of award)68. Article 32 of UNCITRAL Model Law (Termination of proceedings)69. Article 33 of UNCITRAL Model Law (Correction and interpretation of award; additional award)70. Award of remedy or relief71. Awards on different aspects of matters72. Time for making award73. Effect of award74. Arbitral tribunal may award costs of arbitral proceedings75. Taxation of costs of arbitral proceedings (other than fees and expenses of arbitral tribunal)76. Costs in respect of unqualified person77. Determination of arbitral tribunal’s fees and expenses in case of dispute78. Liability to pay fees and expenses of arbitral tribunal79. Arbitral tribunal may award interest80. Interest on money or costs awarded or ordered in arbitral proceedings
Recourse Against Award
Recognition and Enforcement of Awards
Division 1: Enforcement of Arbitral Awards
82. Article 35 of UNCITRAL Model Law (Recognition and enforcement)83. Article 36 of UNCITRAL Model Law (Grounds for refusing recognition or enforcement)84. Enforcement of arbitral awards85. Evidence to be produced for enforcement of arbitral awards86. Refusal of enforcement of arbitral awardsDivision 2: Enforcement of Convention Awards
87. Enforcement of Convention awards88. Evidence to be produced for enforcement of Convention awards89. Refusal of enforcement of Convention awards90. Order for declaring party to New York Convention91. Saving of rights to enforce Convention awardsDivision 3: Enforcement of Mainland Awards
92. Enforcement of Mainland awards93. (Repealed 1 of 2021 s. 4)94. Evidence to be produced for enforcement of Mainland awards95. Refusal of enforcement of Mainland awards96. Mainland awards to which certain provisions of this Division do not apply97. (Repealed 1 of 2021 s. 5)98. Saving of certain Mainland awardsDivision 4: Enforcement of Macao Awards
98A. Enforcement of Macao awards98B. Enforcement of Macao awards partially satisfied98C. Evidence to be produced for enforcement of Macao awards98D. Refusal of enforcement of Macao awardsThird Party Funding of Arbitration
Division 1: Purposes
98E. PurposesDivision 2: Interpretation
98F. Interpretation98G. Meaning of third party funding of arbitration98H. Meaning of funding agreement98I. Meaning of funded party98J. Meaning of third party funderDivision 3: Third Party Funding of Arbitration Not Prohibited by Particular Common Law Offences or Tort
98K. Particular common law offences do not apply98L. Particular tort does not apply98M. Other illegality not affected98N. Limited application of Part 10A for non-Hong Kong arbitration98O. Part 10A not applicable to lawyers acting for parties in arbitration98OA. Part 10A not applicable to ORFS agreements for arbitrationDivision 4: Code of Practice
98P. Code of practice may be issued98Q. Content of code of practice98R. Process for issuing code of practice98S. Non-compliance with code of practiceDivision 5: Other Measures and Safeguards
98T. Communication of information for third party funding of arbitration98U. Disclosure about third party funding of arbitration98V. Disclosure about end of third party funding of arbitration98W. Non-compliance with Division 5Division 6: Miscellaneous
98X. Appointment of advisory body and authorized bodyOutcome Related Fee Structure Agreement for Arbitration
Division 1: Purposes and Application
98Y. Purposes98Z. Part 10B not applicable to funding agreementsDivision 2: Interpretation
98ZA. Interpretation98ZB. Meaning of ORFS agreement98ZC. Meaning of conditional fee agreement98ZD. Meaning of damages-based agreement98ZE. Meaning of hybrid damages-based agreementDivision 3: ORFS Agreements for Arbitration Not Prohibited by Particular Common Law Offences or Tort
98ZF. Particular common law offences do not apply98ZG. Particular tort does not apply98ZH. Other illegality not affected98ZI. Application of Part 10B for non-Hong Kong arbitrationDivision 4: General Provisions for ORFS Agreements for Arbitration
98ZJ. Application of Division 498ZK. Validity and enforceability of ORFS agreements for arbitration98ZL. ORFS agreement for arbitration void and unenforceable to extent relating to personal injuries claimDivision 5: Power to Make Rules
98ZM. Power of advisory body to make rules for matters under Part 10BDivision 6: Code of Practice
98ZN. Code of practice may be issued98ZO. Non-compliance with code of practiceDivision 7: Other Measures and Safeguards
98ZP. Communication of information for ORFS agreements for arbitration98ZQ. Disclosure about ORFS agreement for arbitration98ZR. Disclosure about end of ORFS agreement for arbitration98ZS. Non-compliance with Division 7Division 8: Miscellaneous
98ZT. Appointment of advisory body and authorized body98ZU. Limitation on award of costs by arbitral tribunalProvisions that may be Expressly Opted for or Automatically Apply
99. Arbitration agreements may provide expressly for opt-in provisions100. Opt-in provisions automatically apply in certain cases101. Opt-in provisions that automatically apply under section 100 deemed to apply to Hong Kong construction subcontracting cases102. Circumstances under which opt-in provisions not automatically apply103. Application of provisions under this Part
Arbitrations Relating to Intellectual Property Rights
103A. Interpretation103B. Interpretation: IPR103C. Interpretation: IPR dispute103D. IPR disputes may be arbitrated103E. Effect of award involving IPR103F. Recourse against award involving IPR103G. Recognition and enforcement of award involving IPR103H. Judgments entered in terms of award involving IPR103I. Validity of patent may be put in issue in arbitral proceedings103J. Arbitral proceedings in relation to short-term patents