### Arbitration Ordinance 《仲裁條例》

98F. Interpretation
In this Part—
advisory body (諮詢機構) means the person appointed by the Secretary for Justice under section 98X(1);
arbitration (仲裁) includes the following proceedings under this Ordinance—(a) court proceedings;
(b) proceedings before an emergency arbitrator; and
(c) mediation proceedings;

arbitration body (仲裁機構)—(a) in relation to an arbitration (other than the proceedings mentioned in paragraphs (b) and (c))—means the arbitral tribunal or court, as the case may be;
(b) in relation to proceedings before an emergency arbitrator—means the emergency arbitrator; or
(c) in relation to mediation proceedings—means the mediator appointed under section 32 or referred to in section 33, as the case may be;

arbitration funding (仲裁資助), in relation to an arbitration, means money, or any other financial assistance, in relation to any costs of the arbitration;
authorized body (獲授權機構) means the person appointed by the Secretary for Justice under section 98X(2);
code of practice (實務守則) means the code of practice issued under Division 4 and as amended from time to time;
costs (費用), in relation to an arbitration, means the costs and expenses of the arbitration and includes—(a) pre-arbitration costs and expenses; and
(b) the fees and expenses of the arbitration body;

emergency arbitrator (緊急仲裁員) has the meaning given by section 22A;
funded party (受資助方)—see section 98I;
funding agreement (資助協議)—see section 98H;
mediation proceedings (調解程序) means mediation proceedings referred to in section 32(3) or 33;
potential third party funder (潛在出資第三者) means a person who carries on any activity with a view to becoming a third party funder;
provision (提供)—(a) in relation to the provision of arbitration funding to a person (recipient

98G. Meaning of third party funding of arbitration

98H. Meaning of funding agreement

98I. Meaning of funded party

98J. Meaning of third party funder

98K. Particular common law offences do not apply
The common law offences of maintenance (including the common law offence of champerty) and of being a common barrator do not apply in relation to third party funding of arbitration.

98L. Particular tort does not apply
The tort of maintenance (including the tort of champerty) does not apply in relation to third party funding of arbitration.

### Arbitration Ordinance 《仲裁條例》

98M. Other illegality not affected
Sections 98K and 98L do not affect any rule of law as to the cases in which a contract is to be treated as contrary to public policy or otherwise illegal.

98N. Limited application of Part 10A for non-Hong Kong arbitration
Despite section 5, this Part applies in relation to an arbitration for which the place of arbitration is outside Hong Kong or there is no place of arbitration as if—
(a) the place of arbitration were in Hong Kong; and
(b) the definition of costs

98O. Part 10A not applicable to lawyers acting for parties in arbitration
(1) This Part does not apply in relation to the provision of arbitration funding to a party by a lawyer who, in the course of the lawyer’s legal practice, acts for any party in relation to the arbitration.
(2) If a lawyer works for, or is a member of, a legal practice (however described or structured), the references in subsection (1) to “lawyer” include the legal practice and any other lawyer who works for, or is a member of, the legal practice.
(3) In this section—
lawyer (律師) means—(a) a person who is enrolled on the roll of barristers kept under section 29 of the Legal Practitioners Ordinance (Cap. 159);
(b) a person who is enrolled on the roll of solicitors kept under section 5 of that Ordinance; or
(c) a person who is qualified to practise the law of a jurisdiction other than Hong Kong, including a foreign lawyer as defined by section 2(1) of that Ordinance;

party (一方) means a party to an arbitration within the meaning of section 98I.

98OA. Part 10A not applicable to ORFS agreements for arbitration
This Part does not apply to an ORFS agreement for arbitration within the meaning of Part 10B.
(Added 6 of 2022 s. 4)

98P. Code of practice may be issued
(1) The authorized body may issue a code of practice setting out the practices and standards with which third party funders are ordinarily expected to comply in carrying on activities in connection with third party funding of arbitration.
(2) The authorized body may amend or revoke the code of practice.
(3) Section 98R applies in relation to an amendment or revocation of the code of practice in the same way as it applies in relation to the code of practice.

### Arbitration Ordinance 《仲裁條例》

98Q. Content of code of practice
(1) Without limiting section 98P, the code of practice may, in setting out practices and standards, require third party funders to ensure that—
(a) any promotional material in connection with third party funding of arbitration is clear and not misleading;
(b) funding agreements set out their key features, risks and terms, including—
(i) the degree of control that third party funders will have in relation to an arbitration;
(ii) whether, and to what extent, third party funders (or persons associated with the third party funders) will be liable to funded parties for adverse costs, insurance premiums, security for costs and other financial liabilities; and
(iii) when, and on what basis, parties to funding agreements may terminate the funding agreements or third party funders may withhold arbitration funding;
(c) funded parties obtain independent legal advice on funding agreements before entering into them;
(d) third party funders provide to funded parties the name and contact details of the advisory body;
(e) third party funders have a sufficient minimum amount of capital;
(f) third party funders have effective procedures for addressing potential, actual or perceived conflicts of interest and the procedures enhance the protection of funded parties;
(g) third party funders have effective procedures for addressing complaints against them by funded parties and the procedures allow funded parties to obtain and enforce meaningful remedies for legitimate complaints;
(h) third party funders follow the procedures mentioned in paragraphs (f) and (g);
(i) third party funders submit annual returns to the advisory body on—
(i) any complaints against them by funded parties received during the reporting periods; and
(ii) any findings by a court or arbitral tribunal of their failure to comply with the code of practice or Division 5; and
(j) third party funders provide to the advisory body any other information it reasonably requires.
(2) Without limiting subsection (1), the code of practice may—
(a) specify terms to be included, or not to be included, in funding agreements; and
(b) specify what is to be included, or not to be included, in order to have effective procedures.
(3) The code of practice—
(a) may be of general or special application; and
(b) may make different provisions for different circumstances and provide for different cases or classes of cases.