### Arbitration Ordinance 《仲裁條例》

87. Enforcement of Convention awards
(1) A Convention 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 Convention award accordingly as if a reference in that section to an award were a Convention award. (Amended 7 of 2013 s. 11)
(2) A Convention 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. (Replaced 7 of 2013 s. 11)
(3) A reference in this Division to enforcement of a Convention award is to be construed as including reliance on a Convention award.

88. Evidence to be produced for enforcement of Convention awards
The party seeking to enforce a Convention 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. (Replaced 7 of 2013 s. 12)

### Arbitration Ordinance 《仲裁條例》

89. Refusal of enforcement of Convention awards
(1) Enforcement of a Convention award may not be refused except as mentioned in this section. (Amended 7 of 2013 s. 13)
(2) Enforcement of a Convention 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. 13)
(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 country where the award was made;
(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 country where the arbitration took place; 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 country in which, or under the law of which, it was made.
(3) Enforcement of a Convention 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 Convention award contains, apart from decisions on matters submitted to arbitration (arbitral decisions

90. Order for declaring party to New York Convention
(1) The Chief Executive in Council may, by order in the Gazette, declare that any State or territory that—
(a) is a party to the New York Convention; and
(b) is specified in the order,
is a party to that Convention.
(2) An order under subsection (1), while in force, is conclusive evidence that the State or territory specified in it is a party to the New York Convention.
(3) Subsections (1) and (2) do not affect any other method of proving that a State or territory is a party to the New York Convention.

91. Saving of rights to enforce Convention awards
This Division does not affect any right to enforce or rely on a Convention award otherwise than under this Division.

### Arbitration Ordinance 《仲裁條例》

92. Enforcement of Mainland awards
(1) A Mainland 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 Mainland award accordingly as if a reference in that section to an award were a Mainland award. (Amended 7 of 2013 s. 14)
(2) A Mainland 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. (Replaced 7 of 2013 s. 14)
(3) A reference in this Division to enforcement of a Mainland award is to be construed as including reliance on a Mainland award.

94. Evidence to be produced for enforcement of Mainland awards
The party seeking to enforce a Mainland 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. (Replaced 7 of 2013 s. 16)