ARBITRATION ORDINANCE—SCHEDULE 4
Ord. No. 17 of 2010
A789
- the originating summons or summons must be served on the arbitrator or umpire, the arbitral tribunal and on all the other parties to the arbitral proceedings.
- (6) An appeal on a question of law arising out of an arbitral award under section 5 of Schedule 2 to the Arbitration Ordinance (17 of 2010) may be included in the application for leave to appeal, if leave is required.
6. Applications, requests and appeals to be heard in Construction and Arbitration List (O. 73, r. 6)
- (1) An application, request or appeal which is required by rule 1 or 3 to be made to a judge must be entered in the Construction and Arbitration List unless the judge in charge of the list otherwise directs.
- (2) Nothing in paragraph (1) is to be construed as preventing the powers of the judge in charge of the Construction and Arbitration List from being exercised by any judge of the Court of First Instance.
- 7. Service out of jurisdiction of originating summons, summons or order (O. 73, r. 7)
- (1) Subject to paragraphs (2) and (3), service out of the jurisdiction of—
- (a) any originating summons or summons under this Order; or
- (b) any order made on such originating summons or summons, is permissible with the leave of the Court if the arbitration to which the originating summons, summons or order relates is governed by Hong Kong law or has been, is being, or is to be held within the jurisdiction.
- (2) Service out of the jurisdiction of an originating summons or summons by which an application for leave to enforce an award is made is permissible with the leave of the Court, whether or not the arbitration is governed by Hong Kong law.
- (3) Service out of the jurisdiction of an originating summons or summons by which an application for an interim measure under section 45(2) of the Arbitration Ordinance (17 of 2010) or for an order under section 60(1) of that Ordinance is made is permissible with the leave of the Court.
- (4) An application for the grant of leave under this rule must be supported by an affidavit stating—
- (a) the grounds on which the application is made; and
- (b) in what place the person to be served is, or probably may be found.
