ARBITRATION ORDINANCE
Ord. No. 17 of 2010
A709
PART 11
Provisions that may be Expressly Opted for or Automatically Apply
99. Arbitration agreements may provide expressly for opt-in provisions
An arbitration agreement may provide expressly that any or all of the following provisions are to apply—
- (a) section 1 of Schedule 2;
- (b) section 2 of Schedule 2;
- (c) section 3 of Schedule 2;
- (d) sections 4 and 7 of Schedule 2;
- (e) sections 5, 6 and 7 of Schedule 2.
100. Opt-in provisions automatically apply in certain cases
All the provisions in Schedule 2 apply, subject to section 102, to—
- (a) an arbitration agreement entered into before the commencement of this Ordinance which has provided that arbitration under the agreement is a domestic arbitration; or
- (b) an arbitration agreement entered into at any time within a period of 6 years after the commencement of this Ordinance which provides that arbitration under the agreement is a domestic arbitration.
101. Opt-in provisions that automatically apply under section 100 deemed to apply to Hong Kong construction subcontracting cases
(1) If—
- (a) all the provisions in Schedule 2 apply under section 100(a) or (b) to an arbitration agreement, in any form referred to in section 19, included in a construction contract;
- (b) the whole or any part of the construction operations to be carried out under the construction contract (“relevant operation”) is subcontracted to any person under another construction contract (“subcontract”); and