Page:Arbitration Ordinance (Cap. 609).pdf/22

ARBITRATION ORDINANCE (7) Subject to any provision made by rules of court and to any necessary modifications, the same law and practice apply to the property, bail or security retained in pursuance of an order under subsection (6) as would apply if the property, bail or security retained were held for the purposes of proceedings in the court making the order.

(8) A decision of the court to refer the parties to arbitration under—
 * (a) article 8 of the UNCITRAL Model Law, given effect to by subsection (1); or
 * (b) subsection (2),

is not subject to appeal.

(9) The leave of the court making a decision to refuse to refer the parties to arbitration under—
 * (a) article 8 of the UNCITRAL Model Law, given effect to by subsection (1); or
 * (b) subsection (2),

is required for any appeal from that decision.

(10) A decision or order of the court under subsection (6) is not subject to appeal.

21. Article 9 of UNCITRAL Model Law (Arbitration agreement and interim measures by court)

Article 9 of the UNCITRAL Model Law, the text of which is set out below, has effect— “Article 9. Arbitration agreement and interim measures by court
 * It is not incompatible with an arbitration agreement for a party to request, before or during arbitral proceedings, from a court an interim measure of protection and for a court to grant such measure.”.

22. Whether agreement discharged by death of a party

(1) Unless otherwise agreed by the parties, an arbitration agreement is not discharged by the death of a party and may be enforced by or against the personal representatives of that party.

(2) Subsection (1) does not affect the operation of any enactment or rule of law by virtue of which a substantive right or obligation is extinguished by death.