“construction contract” (建造合約) has the meaning given to it by section 2(1) of the Construction Industry Council Ordinance (Cap. 587);
“construction operations” (建造工程) has the meaning given to it by Schedule 1 to the Construction Industry Council Ordinance (Cap. 587).
102. Circumstances under which opt-in provisions not automatically apply
Sections 100 and 101 do not apply if—
- (a) the parties to the arbitration agreement concerned so agree in writing; or
- (b) the arbitration agreement concerned has provided expressly that—
- (i) section 100 or 101 does not apply; or
- (ii) any of the provisions in Schedule 2 applies or does not apply.
103. Application of provisions under this Part
If there is any conflict or inconsistency between any provision that applies under this Part and any other provision of this Ordinance, the first-mentioned provision prevails, to the extent of the conflict or inconsistency, over that other provision.
PART 12
Miscellaneous
104. Arbitral tribunal or mediator to be liable for certain acts and omissions'
(1) An arbitral tribunal or mediator is liable in law for an act done or omitted to be done by—
- (a) the tribunal or mediator; or
- (b) an employee or agent of the tribunal or mediator,
in relation to the exercise or performance, or the purported exercise or performance, of the tribunal’s arbitral functions or the mediator’s functions only if it is proved that the act was done or omitted to be done dishonestly.
(2) An employee or agent of an arbitral tribunal or mediator is liable in law for an act done or omitted to be done by the employee or agent in relation
