Page:Arbitration Ordinance (Cap. 609).pdf/15

ARBITRATION ORDINANCE “Article 3. Receipt of written communications
 * (1) Unless otherwise agreed by the parties:
 * (a) any written communication is deemed to have been received if it is delivered to the addressee personally or if it is delivered at his place of business, habitual residence or mailing address; if none of these can be found after making a reasonable inquiry, a written communication is deemed to have been received if it is sent to the addressee’s last-known place of business, habitual residence or mailing address by registered letter or any other means which provides a record of the attempt to deliver it;
 * (b) the communication is deemed to have been received on the day it is so delivered.
 * (2) The provisions of this article do not apply to communications in court proceedings.”.

(2) Without affecting subsection (1), if a written communication (other than communications in court proceedings) is sent by any means by which information can be recorded and transmitted to the addressee, the communication is deemed to have been received on the day it is so sent.

(3) Subsection (2) applies only if there is a record of receipt of the communication by the addressee.

11. Article 4 of UNCITRAL Model Law (Waiver of right to object)

Article 4 of the UNCITRAL Model Law, the text of which is set out below, has effect— “Article 4. Waiver of right to object
 * A party who knows that any provision of this Law from which the parties may derogate or any requirement under the arbitration agreement has not been complied with and yet proceeds with the arbitration without stating his objection to such non-compliance without undue delay or, if a time-limit is provided therefor, within such period of time, shall be deemed to have waived his right to object.”.

12. Article 5 of UNCITRAL Model Law (Extent of court intervention)

Article 5 of the UNCITRAL Model Law, the text of which is set out below, has effect—