### Arbitration Ordinance 《仲裁條例》

27. Article 14 of UNCITRAL Model Law (Failure or impossibility to act)
Article 14 of the UNCITRAL Model Law, the text of which is set out below, has effect subject to section 13(4)—

“Article 14. Failure or impossibility to act

28. Article 15 of UNCITRAL Model Law (Appointment of substitute arbitrator)
Article 15 of the UNCITRAL Model Law, the text of which is set out below, has effect— “Article 15. Appointment of substitute arbitrator

29. Death of arbitrator or person appointing arbitrator
(1) The authority of an arbitrator is personal and the mandate of the arbitrator terminates on the arbitrator’s death.
(2) Unless otherwise agreed by the parties, the death of the person by whom an arbitrator was appointed does not revoke the arbitrator’s authority.

30. Appointment of umpire
In an arbitration with an even number of arbitrators, the arbitrators may, unless otherwise agreed by the parties, appoint an umpire at any time after they are themselves appointed.

### Arbitration Ordinance 《仲裁條例》

31. Functions of umpire in arbitral proceedings
(1) The parties are free to agree what the functions of an umpire are to be and, in particular—
(a) whether the umpire is to attend the arbitral proceedings; and
(b) when, and the extent to which, the umpire is to replace the arbitrators as the arbitral tribunal with the power to make orders, directions and awards.
(2) If or to the extent that there is no such agreement of the parties, the arbitrators are free to agree on the functions of the umpire.
(3) Subsections (4) to (11) apply subject to any agreement of the parties or the arbitrators.
(4) After an umpire is appointed, the umpire must attend the arbitral proceedings.
(5) The umpire must be supplied with the same documents and other materials as are supplied to the arbitrators.
(6) Orders, directions and awards are to be made by the arbitrators unless, subject to subsection (9), the arbitrators cannot agree on a matter relating to the dispute submitted to arbitration.
(7) If the arbitrators cannot agree on a matter relating to the dispute submitted to arbitration, they must forthwith give notice of that fact in writing to the parties and the umpire, in which case the umpire is to replace the arbitrators as the arbitral tribunal with the power to make orders, directions and awards, in respect of that matter only, subject to subsection (9)(b), as if the umpire were the sole arbitrator.
(8) If the arbitrators cannot agree on a matter relating to the dispute submitted to arbitration but—
(a) they fail to give notice of that fact; or
(b) any of them fails to join in the giving of notice,
any party may apply to the Court which may decide that the umpire is to replace the arbitrators as the arbitral tribunal with the power to make orders, directions and awards, in respect of that matter only, as if the umpire were the sole arbitrator.
(9) Despite the replacement by the umpire as the arbitral tribunal in respect of a matter, on which the arbitrators cannot agree, relating to the dispute submitted to arbitration, the arbitrators may—
(a) still make orders, directions and awards in respect of the other matters relating to the dispute if they consider that it would save costs by doing so; or
(b) refer the entirety of the dispute to the umpire for arbitration.
(10) For the purposes of this section, the arbitrators cannot agree on a matter relating to the dispute submitted to arbitration if any one of the arbitrators, in that arbitrator’s view, disagrees with the other arbitrator or any of the other arbitrators over that matter.
(11) A decision of the Court under subsection (8) is not subject to appeal.

### Arbitration Ordinance 《仲裁條例》

32. Appointment of mediator
(1) If—
(a) any arbitration agreement provides for the appointment of a mediator by a person who is not one of the parties; and
(b) that person—
(i) refuses to make the appointment; or
(ii) does not make the appointment within the time specified in the arbitration agreement or, if no time is so specified, within a reasonable time after being requested by any party to make the appointment,
the HKIAC may, on the application of any party, appoint a mediator.
(2) An appointment made by the HKIAC under subsection (1) is not subject to appeal.
(3) If any arbitration agreement provides for the appointment of a mediator and further provides that the person so appointed is to act as an arbitrator in the event that no settlement acceptable to the parties can be reached in the mediation proceedings—
(a) no objection may be made against the person’s acting as an arbitrator, or against the person’s conduct of the arbitral proceedings, solely on the ground that the person had acted previously as a mediator in connection with some or all of the matters relating to the dispute submitted to arbitration; or
(b) if the person declines to act as an arbitrator, any other person appointed as an arbitrator is not required first to act as a mediator unless it is otherwise expressed in the arbitration agreement.

33. Power of arbitrator to act as mediator
(1) If all parties consent in writing, and for so long as no party withdraws the party’s consent in writing, an arbitrator may act as a mediator after the arbitral proceedings have commenced.
(2) If an arbitrator acts as a mediator, the arbitral proceedings must be stayed to facilitate the conduct of the mediation proceedings.
(3) An arbitrator who is acting as a mediator—
(a) may communicate with the parties collectively or separately; and
(b) must treat the information obtained by the arbitrator from a party as confidential, unless otherwise agreed by that party or unless subsection (4) applies.
(4) If—
(a) confidential information is obtained by an arbitrator from a party during the mediation proceedings conducted by the arbitrator as a mediator; and
(b) those mediation proceedings terminate without reaching a settlement acceptable to the parties,
the arbitrator must, before resuming the arbitral proceedings, disclose to all other parties as much of that information as the arbitrator considers is material to the arbitral proceedings.
(5) No objection may be made against the conduct of the arbitral proceedings by an arbitrator solely on the ground that the arbitrator had acted previously as a mediator in accordance with this section.