Page:Arbitration Ordinance (Cap. 609).pdf/11

ARBITRATION ORDINANCE “Convention award” (公約裁決) means an arbitral award made in a State or the territory of a State, other than China or any part of China, which is a party to the New York Convention;

“Court” (原訟法庭) means the Court of First Instance of the High Court;

“dispute” (爭議) includes a difference;

“function” (職能) includes a power and a duty;

“HKIAC” (香港國際仲裁中心) means the Hong Kong International Arbitration Centre, a company incorporated in Hong Kong under the Companies Ordinance (Cap. 32) and limited by guarantee;

“interim measure” (臨時措施)—
 * (a) if it is granted by an arbitral tribunal, has the same meaning as in section 35(1) and (2); or
 * (b) if it is granted by a court, has the same meaning as in section 45(9),

and “interim measure of protection” (臨時保全措施) is to be construed accordingly;

“the Mainland” (內地) means any part of China other than Hong Kong, Macao and Taiwan;

“Mainland award” (內地裁決) means an arbitral award made in the Mainland by a recognized Mainland arbitral authority in accordance with the Arbitration Law of the People’s Republic of China;

“mediation” (調解) includes conciliation;

“New York Convention” (《紐約公約》) means the Convention on the Recognition and Enforcement of Foreign Arbitral Awards done at New York on 10 June 1958;

“party” (一方、方)—
 * (a) means a party to an arbitration agreement; or
 * (b) in relation to any arbitral or court proceedings, means a party to the proceedings;

“recognized Mainland arbitral authority” (認可內地仲裁當局) means an arbitral authority that is specified in the list of recognized Mainland arbitral authorities published by the Secretary for Justice under section 97;

“repealed Ordinance” (《舊有條例》) means the Arbitration Ordinance (Cap. 341) repealed by section 109;

“respondent” (被申請人) means a person against whom a claim or a counterclaim is made in an arbitration;

“UNCITRAL Model Law” (《貿法委示範法》) means the UNCITRAL Model Law on International Commercial Arbitration as adopted by the Commission on 21 June 1985 and as amended by the Commission on 7 July 2006, the full text of which is set out in Schedule 1.