### Arbitration Ordinance 《仲裁條例》

75. Taxation of costs of arbitral proceedings (other than fees and expenses of arbitral tribunal)
(1) Without affecting section 74(1) and (2), if the parties have agreed that the costs of arbitral proceedings are to be taxed by the court, then unless the arbitral tribunal otherwise directs in an award, the award is deemed to have included the tribunal’s directions that the costs (other than the fees and expenses of the tribunal) are to be taxed by the court on the party and party basis in accordance with rule 28(2) of Order 62 of the Rules of the High Court (Cap. 4 sub. leg. A). (Amended 7 of 2013 s. 7)
(2) On taxation by the court, the arbitral tribunal must make an additional award of costs reflecting the result of such taxation.
(3) A decision of the court on taxation is not subject to appeal.
(4) This section does not apply to costs ordered to be paid under section 74(3).

76. Costs in respect of unqualified person
Section 50 (No costs for unqualified person) of the Legal Practitioners Ordinance (Cap. 159) does not apply to the recovery of costs in an arbitration.

### Arbitration Ordinance 《仲裁條例》

78. Liability to pay fees and expenses of arbitral tribunal
(1) The parties to proceedings before an arbitral tribunal are jointly and severally liable to pay to the tribunal reasonable fees and expenses, if any, of the tribunal that are appropriate in the circumstances.
(2) Subsection (1) has effect subject to any order of the Court made under section 62 or any other relevant provision of this Ordinance.
(3) This section does not affect—
(a) the liability of the parties as among themselves to pay the costs of the arbitral proceedings; or
(b) any contractual right or obligation relating to payment of the fees and expenses of the arbitral tribunal.
(4) In this section, a reference to an arbitral tribunal includes—
(a) a member of the tribunal who has ceased to act; and
(b) an umpire who has not yet replaced members of the tribunal.

79. Arbitral tribunal may award interest
(1) Unless otherwise agreed by the parties, an arbitral tribunal may, in the arbitral proceedings before it, award simple or compound interest from the dates, at the rates, and with the rests that the tribunal considers appropriate, subject to section 80, for any period ending not later than the date of payment—
(a) on money awarded by the tribunal in the arbitral proceedings;
(b) on money claimed in, and outstanding at the commencement of, the arbitral proceedings but paid before the award is made; or
(c) on costs awarded or ordered by the tribunal in the arbitral proceedings.
(2) Subsection (1) does not affect any other power of an arbitral tribunal to award interest.
(3) A reference in subsection (1)(a) to money awarded by the tribunal includes an amount payable in consequence of a declaratory award by the tribunal.

80. Interest on money or costs awarded or ordered in arbitral proceedings
(1) Interest is payable on money awarded by an arbitral tribunal from the date of the award at the judgment rate, except when the award otherwise provides.
(2) Interest is payable on costs awarded or ordered by an arbitral tribunal from—
(a) the date of the award or order on costs; or
(b) the date on which costs ordered are directed to be paid forthwith,
at the judgment rate, except when the award or order on costs otherwise provides.
(3) In this section, judgment rate (判定利率) means the rate of interest determined by the Chief Justice under section 49(1)(b) (Interest on judgments) of the High Court Ordinance (Cap. 4).

### Arbitration Ordinance 《仲裁條例》

81. Article 34 of UNCITRAL Model Law (Application for setting aside as exclusive recourse against arbitral award)
(1) Article 34 of the UNCITRAL Model Law, the text of which is set out below, has effect subject to section 13(5)—

“Article 34. Application for setting aside as exclusive recourse against arbitral award

82. Article 35 of UNCITRAL Model Law (Recognition and enforcement)
Article 35 of the UNCITRAL Model Law does not have effect.

83. Article 36 of UNCITRAL Model Law (Grounds for refusing recognition or enforcement)
Article 36 of the UNCITRAL Model Law does not have effect.

84. Enforcement of arbitral awards
(1) Subject to section 26(2), an award, whether made in or outside Hong Kong, in arbitral proceedings by an arbitral tribunal is enforceable in the same manner as a judgment of the Court that has the same effect, but only with the leave of the Court.
(2) If leave is granted under subsection (1), the Court may enter judgment in terms of the award.
(3) The leave of the Court is required for any appeal from a decision of the Court to grant or refuse leave to enforce an award under subsection (1).

85. Evidence to be produced for enforcement of arbitral awards
The party seeking to enforce an arbitral award, whether made in or outside Hong Kong, which is not a Convention award, Mainland award or Macao award, must produce— (Amended 7 of 2013 s. 9)
(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. 9)

### Arbitration Ordinance 《仲裁條例》

86. Refusal of enforcement of arbitral awards
(1) Enforcement of an award referred to in section 85 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. 10)
(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 (3), 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.
(2) Enforcement of an award referred to in section 85 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;
(b) it would be contrary to public policy to enforce the award; or
(c) for any other reason the court considers it just to do so.
(3) If an award referred to in section 85 contains, apart from decisions on matters submitted to arbitration (arbitral decisions