### Arbitration Ordinance 《仲裁條例》

95. Refusal of enforcement of Mainland awards
(1) Enforcement of a Mainland award may not be refused except as mentioned in this section. (Amended 7 of 2013 s. 17)
(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 some incapacity (under the law applicable to that party); (Replaced 7 of 2013 s. 17)
(b) that the arbitration agreement was not valid—
(i) under the law to which the parties subjected it; or
(ii) (if there was no indication of the law to which the arbitration agreement was subjected) under the law of the Mainland;
(c) that the person—
(i) was not given proper notice of the appointment of the arbitrator or of the arbitral proceedings; or
(ii) was otherwise unable to present the person’s case;
(d) subject to subsection (4), that the award—
(i) deals with a difference not contemplated by or not falling within the terms of the submission to arbitration; or
(ii) contains decisions on matters beyond the scope of the submission to arbitration;
(e) that the composition of the arbitral authority or the arbitral procedure was not in accordance with—
(i) the agreement of the parties; or
(ii) (if there was no agreement) the law of the Mainland; or
(f) that the award—
(i) has not yet become binding on the parties; or
(ii) 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—
(a) the award is in respect of a matter which is not capable of settlement by arbitration under the law of Hong Kong; or
(b) it would be contrary to public policy to enforce the award.
(4) If a Mainland award contains, apart from decisions on matters submitted to arbitration (arbitral decisions

96. Mainland awards to which certain provisions of this Division do not apply
(1) Subject to subsection (2), this Division has effect with respect to the enforcement of Mainland awards.
(2) If—
(a) a Mainland award was at any time before 1 July 1997 a Convention award within the meaning of Part IV of the repealed Ordinance as then in force; and
(b) the enforcement of that award had been refused at any time before the commencement of section 5 of the Arbitration (Amendment) Ordinance 2000 (2 of 2000) under section 44 of the repealed Ordinance as then in force,
then sections 92 to 95 have no effect with respect to the enforcement of that award. 

### Arbitration Ordinance 《仲裁條例》

98. Saving of certain Mainland awards
Despite the fact that enforcement of a Mainland award had been refused in Hong Kong at any time during the period between 1 July 1997 and the commencement of section 5 of the Arbitration (Amendment) Ordinance 2000 (2 of 2000) under the repealed Ordinance as then in force, the award is, subject to section 96(2), enforceable under this Division as if enforcement of the award had not previously been so refused.

98A. Enforcement of Macao awards
(1) A Macao award is, subject to this Division, enforceable in Hong Kong either—
(a) by action in the Court; or
(b) in the same manner as an award to which section 84 applies, and that section applies to a Macao award accordingly as if a reference in that section to an award were a Macao award.
(2) A Macao award which is enforceable as mentioned in subsection (1) is to be treated as binding for all purposes on the parties, and may accordingly be relied on by any of them by way of defence, set off or otherwise in any legal proceedings in Hong Kong.
(3) A reference in this Division to enforcement of a Macao award is to be construed as including reliance on a Macao award.

98B. Enforcement of Macao awards partially satisfied
If a Macao award is not fully satisfied by way of enforcement proceedings taken in Macao, or in any other place other than Hong Kong, that part of the award which is not satisfied in those proceedings is enforceable under this Division.

98C. Evidence to be produced for enforcement of Macao awards
The party seeking to enforce a Macao award must produce—
(a) the duly authenticated original award or a duly certified copy of it;
(b) the original arbitration agreement or a duly certified copy of it; and
(c) if the award or agreement is not in either or both of the official languages, a translation of it in either official language certified by an official or sworn translator or by a diplomatic or consular agent.

### Arbitration Ordinance 《仲裁條例》

98D. Refusal of enforcement of Macao awards
(1) Enforcement of a Macao award may not be refused except as mentioned in this section.
(2) Enforcement of a Macao award may be refused if the person against whom it is invoked proves—
(a) that a party to the arbitration agreement was under some incapacity (under the law applicable to that party);
(b) that the arbitration agreement was not valid—
(i) under the law to which the parties subjected it; or
(ii) (if there was no indication of the law to which the arbitration agreement was subjected) under the law of Macao;
(c) that the person—
(i) was not given proper notice of the appointment of the arbitrator or of the arbitral proceedings; or
(ii) was otherwise unable to present the person’s case;
(d) subject to subsection (4), that the award—
(i) deals with a difference not contemplated by or not falling within the terms of the submission to arbitration; or
(ii) contains decisions on matters beyond the scope of the submission to arbitration;
(e) that the composition of the arbitral authority or the arbitral procedure was not in accordance with—
(i) the agreement of the parties; or
(ii) (if there was no agreement) the law of Macao; or
(f) that the award—
(i) has not yet become binding on the parties; or 
(ii) has been set aside or suspended by a competent authority of Macao or under the law of Macao.
(3) Enforcement of a Macao award may also be refused if—
(a) the award is in respect of a matter which is not capable of settlement by arbitration under the law of Hong Kong; or
(b) it would be contrary to public policy to enforce the award.
(4) If a Macao award contains, apart from decisions on matters submitted to arbitration (arbitral decisions

98E. Purposes
The purposes of this Part are to—
(a) ensure that third party funding of arbitration is not prohibited by particular common law doctrines; and
(b) provide for measures and safeguards in relation to third party funding of arbitration.