### Arbitration Ordinance 《仲裁條例》

101. Opt-in provisions that automatically apply under section 100 deemed to apply to Hong Kong construction subcontracting cases
(1) If—
(a) all the provisions in Schedule 2 apply under section 100(a) or (b) to an arbitration agreement, in any form referred to in section 19, included in a construction contract;
(b) the whole or any part of the construction operations to be carried out under the construction contract (relevant operation) is subcontracted to any person under another construction contract (subcontract); and
(c) that subcontract also includes an arbitration agreement (subcontracting parties’ arbitration agreement) in any form referred to in section 19,
then all the provisions in Schedule 2 also apply, subject to section 102, to the subcontracting parties’ arbitration agreement.
(2) Unless the subcontracting parties’ arbitration agreement is an arbitration agreement referred to in section 100(a) or (b), subsection (1) does not apply if—
(a) the person to whom the whole or any part of the relevant operation is subcontracted under the subcontract is—
(i) a natural person who is ordinarily resident outside Hong Kong;
(ii) a body corporate—
(A) incorporated under the law of a place outside Hong Kong; or
(B) the central management and control of which is exercised outside Hong Kong; or
(iii) an association—
(A) formed under the law of a place outside Hong Kong; or
(B) the central management and control of which is exercised outside Hong Kong;
(b) the person to whom the whole or any part of the relevant operation is subcontracted under the subcontract has no place of business in Hong Kong; or
(c) a substantial part of the relevant operation which is subcontracted under the subcontract is to be performed outside Hong Kong.
(3) If—
(a) all the provisions in Schedule 2 apply to a subcontracting parties’ arbitration agreement under subsection (1);
(b) the whole or any part of the relevant operation that is subcontracted under the subcontract is further subcontracted to another person under a further construction contract (further subcontract); and
(c) that further subcontract also includes an arbitration agreement in any form referred to in section 19,
subsection (1) has effect subject to subsection (2), and all the provisions in Schedule 2 apply, subject to section 102, to the arbitration agreement so included in that further subcontract as if that further subcontract were a subcontract under subsection (1).
(4) In this section—
construction contract (建造合約) has the meaning given to it by section 2(1) of the Construction Industry Council Ordinance (Cap. 587);
construction operations (建造工程) has the meaning given to it by Schedule 1 to the Construction Industry Council Ordinance (Cap. 587).

### Arbitration Ordinance 《仲裁條例》

102. Circumstances under which opt-in provisions not automatically apply
(1) Sections 100 and 101 do not apply if— (Amended 11 of 2015 s. 4)
(a) the parties to the arbitration agreement concerned so agree in writing; or
(b) the arbitration agreement concerned has provided expressly that—
(i) section 100 or 101 does not apply; or
(ii) section 2, 3, 4, 5, 6 or 7 of Schedule 2 applies or does not apply. (Amended 11 of 2015 s. 4)
(2) Subsection (1)(b)(ii) does not derogate from the operation of section 99. (Added 11 of 2015 s. 4)

103. Application of provisions under this Part
If there is any conflict or inconsistency between any provision that applies under this Part and any other provision of this Ordinance, the first-mentioned provision prevails, to the extent of the conflict or inconsistency, over that other provision.

103A. Interpretation
In this Part—
IPR (知識產權)—see section 103B;
IPR dispute (知識產權爭議)—see section 103C.

103B. Interpretation: IPR
(1) In this Part, an intellectual property right (IPR) means—
(a) a patent;
(b) a trade mark;
(c) a geographical indication;
(d) a design;
(e) a copyright or related right;
(f) a domain name;
(g) a layout-design (topography) of integrated circuit;
(h) a plant variety right;
(i) a right in confidential information, trade secret or know-how;
(j) a right to protect goodwill by way of passing off or similar action against unfair competition; or
(k) any other IPR of whatever nature.
(2) In this Part, a reference to an IPR is a reference to such an IPR—
(a) whether or not the IPR is protectible by registration; and
(b) whether or not the IPR is registered, or subsists, in Hong Kong.
(3) In this Part, a reference to an IPR includes an application for the registration of an IPR if the IPR is protectible by registration.
(4) In this section—
registration (註冊), in relation to an IPR, includes the grant of the IPR.

### Arbitration Ordinance 《仲裁條例》

103C. Interpretation: IPR dispute
In this Part, a dispute over an IPR (IPR dispute) includes—
(a) a dispute over the enforceability, infringement, subsistence, validity, ownership, scope, duration or any other aspect of an IPR;
(b) a dispute over a transaction in respect of an IPR; and
(c) a dispute over any compensation payable for an IPR.

103D. IPR disputes may be arbitrated
(1) An IPR dispute is capable of settlement by arbitration as between the parties to the IPR dispute.
(2) In ascertaining whether there is an arbitration agreement between the parties within the meaning of section 19(1) (as it gives effect to Option I of Article 7(1) of the UNCITRAL Model Law), an agreement by the parties to submit to arbitration an IPR dispute is taken to be an agreement by the parties to submit to arbitration a dispute which has arisen or which may arise between them in respect of a defined legal relationship.
(3) Subsection (1) applies whether the IPR dispute is the main issue or an incidental issue in the arbitration.
(4) For the purposes of subsection (1), an IPR dispute is not incapable of settlement by arbitration only because a law of Hong Kong or elsewhere—
(a) gives jurisdiction to decide the IPR dispute to a specified entity; and
(b) does not mention possible settlement of the IPR dispute by arbitration.
(5) In subsection (4)(a)—

specified entity (指明實體) means any of the following entities under the law of Hong Kong or elsewhere—
(a) a court;
(b) a tribunal;
(c) a person holding an administrative or executive office;
(d) any other entity.

(6) The power given to an arbitral tribunal under section 70 to award any remedy or relief in deciding an IPR dispute is subject to any agreement between the parties to the IPR dispute.