- (5) No leave may be granted under this rule unless it is made sufficiently to appear to the Court that the case is a proper one for service out of the jurisdiction under this rule.
- (6) Order 11, rules 5, 5A, 6, 7, 7A, 8 and 8A apply in relation to any originating summons, summons or order referred to in paragraph (1) as they apply in relation to a writ.”.
13. Enforcement of settlement agreement under section 2C of the Arbitration Ordinance or of award under section 2GG of that Ordinance
(1) Order 73, rule 10 is amended, in the heading, by repealing “under section 2C of the Arbitration Ordinance or of award under section 2GG of that Ordinance” and substituting “, award, order or direction under Arbitration Ordinance”.
(2) Order 73, rule 10(1)(a) is amended by repealing “to enforce a settlement agreement, or” and substituting “(“the repealed Ordinance”) repealed by the Arbitration Ordinance (17 of 2010) (“the Arbitration Ordinance”) to enforce a settlement agreement entered into before the commencement of the Arbitration Ordinance;”.
(3) Order 73, rule 10(1)(b) is amended by repealing everything after “section 2GG of ” and substituting “the repealed Ordinance to enforce an award, order or direction made or given by an arbitral tribunal before the commencement of the Arbitration Ordinance;”.
(4) Order 73, rule 10(1) is amended by adding—
- “(c) under section 61(1) of the Arbitration Ordinance to enforce an order or direction (including an interim measure) of an arbitral tribunal; or
- (d) under section 84(1), 87(1) or 92(1) of the Arbitration Ordinance to enforce an award made by an arbitral tribunal (including a Convention award and a Mainland award within the meaning of the Arbitration Ordinance),”.
(5) Order 73, rule 10(3)(a)(i) is repealed and the following substituted—
- “(i) if the application is under section 2C of the repealed Ordinance, the arbitration agreement (or a copy of it) and the original settlement agreement (or a copy of it);”.
(6) Order 73, rule 10(3)(a)(ii) is repealed and the following substituted—
- “(ii) if the application is under section 2GG of the repealed Ordinance, the arbitration agreement (or a copy of it) and the original award, order or direction (or a copy of it);”.
