Page:Arbitration Ordinance (Cap. 609).pdf/24

ARBITRATION ORDINANCE ::: agree on the third arbitrator within thirty days of their appointment, the appointment shall be made, upon request of a party, by the court or other authority specified in article 6;
 * (b) in an arbitration with a sole arbitrator, if the parties are unable to agree on the arbitrator, he shall be appointed, upon request of a party, by the court or other authority specified in article 6.
 * (4) Where, under an appointment procedure agreed upon by the parties,
 * (a) a party fails to act as required under such procedure, or
 * (b) the parties, or two arbitrators, are unable to reach an agreement expected of them under such procedure, or
 * (c) a third party, including an institution, fails to perform any function entrusted to it under such procedure,
 * any party may request the court or other authority specified in article 6 to take the necessary measure, unless the agreement on the appointment procedure provides other means for securing the appointment.
 * (5) A decision on a matter entrusted by paragraph (3) or (4) of this article to the court or other authority specified in article 6 shall be subject to no appeal. The court or other authority, in appointing an arbitrator, shall have due regard to any qualifications required of the arbitrator by the agreement of the parties and to such considerations as are likely to secure the appointment of an independent and impartial arbitrator and, in the case of a sole or third arbitrator, shall take into account as well the advisability of appointing an arbitrator of a nationality other than those of the parties.”.

(2) In an arbitration with an even number of arbitrators—
 * (a) if the parties have not agreed on a procedure for appointing the arbitrators under article 11(2) of the UNCITRAL Model Law, given effect to by subsection (1), each party is to appoint the same number of arbitrators; or
 * (b) if—
 * (i) a party fails to act as required under an appointment procedure agreed upon by the parties; or
 * (ii) in the case of paragraph (a), a party fails to appoint the appropriate number of arbitrators under that paragraph within 30 days of receipt of a request to do so from the other party,
 * the HKIAC must make the necessary appointment upon a request to do so from any party.