Page:Arbitration Ordinance (Cap. 609).pdf/100

ARBITRATION ORDINANCE—SCHEDULE 2 '''5. Appeal against arbitral award on question of law'''

(1) Subject to section 6 of this Schedule, a party to arbitral proceedings may appeal to the Court on a question of law arising out of an award made in the arbitral proceedings.

(2) An agreement to dispense with the reasons for an arbitral tribunal’s award is to be treated as an agreement to exclude the Court’s jurisdiction under this section.

(3) The Court must decide the question of law which is the subject of the appeal on the basis of the findings of fact in the award.

(4) The Court must not consider any of the criteria set out in section 6(4)(c)(i) or (ii) of this Schedule when it decides the question of law under subsection (3).

(5) On hearing an appeal under this section, the Court may by order—
 * (a) confirm the award;
 * (b) vary the award;
 * (c) remit the award to the arbitral tribunal, in whole or in part, for reconsideration in the light of the Court’s decision; or
 * (d) set aside the award, in whole or in part.

(6) If the award is remitted to the arbitral tribunal, in whole or in part, for reconsideration, the tribunal must make a fresh award in respect of the matters remitted—
 * (a) within 3 months of the date of the order for remission; or
 * (b) within a longer or shorter period that the Court may direct.

(7) The Court must not exercise its power to set aside an award, in whole or in part, unless it is satisfied that it would be inappropriate to remit the matters in question to the arbitral tribunal for reconsideration.

(8) The leave of the Court or the Court of Appeal is required for any further appeal from an order of the Court under subsection (5).

(9) Leave to further appeal must not be granted unless—
 * (a) the question is one of general importance; or
 * (b) the question is one which, for some other special reason, should be considered by the Court of Appeal.

(10) Sections 6 and 7 of this Schedule also apply to an appeal or further appeal under this section.

6. Application for leave to appeal against arbitral award on question of law

(1) An appeal under section 5 of this Schedule on a question of law may not be brought by a party to arbitral proceedings except—