Page:Arbitration Ordinance (Cap. 609).pdf/101

ARBITRATION ORDINANCE—SCHEDULE 2 :(a) with the agreement of all the other parties to the arbitral proceedings; or
 * (b) with the leave of the Court.

(2) An application for leave to appeal must—
 * (a) identify the question of law to be decided; and
 * (b) state the grounds on which it is said that leave to appeal should be granted.

(3) The Court must determine an application for leave to appeal without a hearing unless it appears to the Court that a hearing is required.

(4) Leave to appeal is to be granted only if the Court is satisfied—
 * (a) that the decision of the question will substantially affect the rights of one or more of the parties;
 * (b) that the question is one which the arbitral tribunal was asked to decide; and
 * (c) that, on the basis of the findings of fact in the award—
 * (i) the decision of the arbitral tribunal on the question is obviously wrong; or
 * (ii) the question is one of general importance and the decision of the arbitral tribunal is at least open to serious doubt.

(5) The leave of the Court or the Court of Appeal is required for any appeal from a decision of the Court to grant or refuse leave to appeal.

(6) Leave to appeal from such a decision of the Court 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.

7. Supplementary provisions on challenge to or appeal against arbitral award

(1) An application or appeal under section 4, 5 or 6 of this Schedule may not be brought if the applicant or appellant has not first exhausted—
 * (a) any available recourse under section 69; and
 * (b) any available arbitral process of appeal or review.

(2) If, on an application or appeal, it appears to the Court that the award—
 * (a) does not contain the arbitral tribunal’s reasons for the award; or
 * (b) does not set out the arbitral tribunal’s reasons for the award in sufficient detail to enable the Court properly to consider the application or appeal,

the Court may order the tribunal to state the reasons for the award in sufficient detail for that purpose.