Page:Arbitration Ordinance (Cap. 609).pdf/66

ARBITRATION ORDINANCE Division 3—Enforcement of Mainland awards 92. Enforcement of Mainland awards

(1) A Mainland award is, subject to this Division, enforceable in Hong Kong either—
 * (a) by action in the Court; or
 * (b) in the same manner as an arbitral award, and section 84 applies accordingly as if a reference in that section to an award were a Mainland award.

(2) Any Mainland award which is enforceable as mentioned in subsection (1) is to be treated as binding for all purposes on the persons between whom it was made, and may accordingly be relied on by any of those persons by way of defence, set off or otherwise in any legal proceedings in Hong Kong.

(3) A reference in this Division to enforcement of a Mainland award is to be construed as including reliance on a Mainland award.

93. Restrictions on enforcement of Mainland awards

(1) A Mainland award is not, subject to subsection (2), enforceable under this Division if an application has been made on the Mainland for enforcement of the award.

(2) If—
 * (a) an application has been made on the Mainland for enforcement of a Mainland award; and
 * (b) the award has not been fully satisfied by way of that enforcement,

then, to the extent that the award has not been so satisfied, the award is enforceable under this Division.

94. Evidence to be produced for enforcement of Mainland awards

The party seeking to enforce a Mainland award must produce—
 * (a) the duly authenticated original award or a duly certified copy of it;
 * (b) the original arbitration agreement or a duly certified copy of it; and