### Arbitration Ordinance 《仲裁條例》

5. Arbitrations to which this Ordinance applies
(1) Subject to subsection (2), this Ordinance applies to an arbitration under an arbitration agreement, whether or not the agreement is entered into in Hong Kong, if the place of arbitration is in Hong Kong.
(2) If the place of arbitration is outside Hong Kong, only this Part, sections 20 and 21, Part 3A, sections 45, 60 and 61, Part 10 and sections 103A, 103B, 103C, 103D, 103G and 103H apply to the arbitration. (Amended 7 of 2013 s. 4; 5 of 2017 s. 3)
(3) If any other Ordinance provides that this Ordinance applies to an arbitration under that other Ordinance, this Ordinance (other than sections 20(2), (3) and (4), 22(1), 58 and 74(8) and (9)) applies to an arbitration under that other Ordinance, subject to the following—
(a) a reference in article 16(1) of the UNCITRAL Model Law, given effect to by section 34, to any objections with respect to the existence or validity of the arbitration agreement is to be construed as any objections with respect to the application of that other Ordinance to the dispute in question;
(b) that other Ordinance is deemed to have expressly provided that, subject to paragraph (c), all the provisions in Schedule 2 apply; and
(c) section 2 of Schedule 2 (if applicable) only applies so as to authorize 2 or more arbitral proceedings under the same Ordinance to be consolidated or to be heard at the same time or one immediately after another.
(4) Subsection (3) has effect, in relation to an arbitration under any other Ordinance, only in so far as this Ordinance is consistent with—
(a) that other Ordinance; and
(b) any rules or procedures authorized or recognized by that other Ordinance.

6. Application
This Ordinance applies to the Government and the Offices set up by the Central People’s Government in the Hong Kong Special Administrative Region.

7. Article 1 of UNCITRAL Model Law (Scope of application)
Section 5 has effect in substitution for article 1 of the UNCITRAL Model Law.

### Arbitration Ordinance 《仲裁條例》

8. Article 2 of UNCITRAL Model Law (Definitions and rules of interpretation)
(1) Section 2 has effect in substitution for article 2 of the UNCITRAL Model Law.
(2) For the purposes of subsection (1), a reference to this Ordinance in section 2 (other than section 2(5)) is to be construed as including the UNCITRAL Model Law.
(3) In the provisions of the UNCITRAL Model Law—
(a) a reference to this State is to be construed as Hong Kong;
(b) a reference to a State is to be construed as including Hong Kong;
(c) a reference to different States is to be construed as including Hong Kong and any other place;
(d) a reference to an article is to be construed as an article of the UNCITRAL Model Law; and
(e) (other than in article 2A of the UNCITRAL Model Law, given effect to by section 9) a reference to this Law is to be construed as this Ordinance.

9. Article 2A of UNCITRAL Model Law (International origin and general principles)
Article 2A of the UNCITRAL Model Law, the text of which is set out below, has effect—

“Article 2A. International origin and general principles

10. Article 3 of UNCITRAL Model Law (Receipt of written communications)
(1) Article 3 of the UNCITRAL Model Law, the text of which is set out below, has effect—

“Article 3. Receipt of written communications

11. Article 4 of UNCITRAL Model Law (Waiver of right to object)
Article 4 of the UNCITRAL Model Law, the text of which is set out below, has effect— “Article 4. Waiver of right to object

12. Article 5 of UNCITRAL Model Law (Extent of court intervention)
Article 5 of the UNCITRAL Model Law, the text of which is set out below, has effect— “Article 5. Extent of court intervention

### Arbitration Ordinance 《仲裁條例》

13. Article 6 of UNCITRAL Model Law (Court or other authority for certain functions of arbitration assistance and supervision)
(1) Subsections (2) to (6) have effect in substitution for article 6 of the UNCITRAL Model Law.
(2) The functions of the court or other authority referred to in article 11(3) or (4) of the UNCITRAL Model Law, given effect to by section 24, are to be performed by the HKIAC.
(3) The HKIAC may, with the approval of the Chief Justice, make rules to facilitate the performance of its functions under section 23(3), 24 or 32(1).
(4) The functions of the court or other authority referred to in—
(a) article 13(3) of the UNCITRAL Model Law, given effect to by section 26; or
(b) article 14(1) of the UNCITRAL Model Law, given effect to by section 27,
are to be performed by the Court.
(5) The functions of the court referred to in—
(a) article 16(3) of the UNCITRAL Model Law, given effect to by section 34; or
(b) article 34(2) of the UNCITRAL Model Law, given effect to by section 81,
are to be performed by the Court.
(6) The functions of the competent court referred to in article 27 of the UNCITRAL Model Law, given effect to by section 55, are to be performed by the Court.

### Arbitration Ordinance 《仲裁條例》

14. Application of Limitation Ordinance and other limitation enactments to arbitrations
(1) The Limitation Ordinance (Cap. 347) and any other Ordinance relating to the limitation of actions (limitation enactments) apply to arbitrations as they apply to actions in the court.
(2) For the purposes of subsection (1), a reference in a limitation enactment to bringing an action is to be construed as, in relation to an arbitration, commencing the arbitral proceedings.
(3) Despite any term in an arbitration agreement to the effect that no cause of action may accrue in respect of any matter required by the agreement to be submitted to arbitration until an award is made under the agreement, the cause of action is, for the purposes of the limitation enactments (whether in their application to arbitrations or to other proceedings), deemed to accrue in respect of that matter at the time when it would have accrued but for that term.
(4) If a court orders that an award is to be set aside, the period between—
(a) the commencement of the arbitral proceedings; and
(b) the date of the order of the court setting aside the award,
must be excluded in computing the time prescribed by a limitation enactment for the commencement of proceedings (including arbitral proceedings) with respect to the matter submitted to arbitration.

15. Reference of interpleader issue to arbitration by court
(1) If—
(a) relief by way of interpleader is granted by a court; and
(b) there is an arbitration agreement between the claimants in the interpleader proceedings in respect of any issue between those claimants,
the court granting the relief must, subject to subsection (2), direct that the issue is to be determined in accordance with the agreement.
(2) The court may refuse to make a direction under subsection (1) if the circumstances are such that legal proceedings brought by a claimant in respect of the issue would not be stayed.
(3) If the court refuses to make a direction under subsection (1), any provision of the arbitration agreement that an award is a condition precedent to the bringing of legal proceedings in respect of the issue does not affect the determination of the issue by the court.
(4) A direction of the court under subsection (1) is not subject to appeal.
(5) The leave of the court making a decision under subsection (2) is required for any appeal from that decision.