Page:Arbitration Ordinance (Cap. 609).pdf/98

ARBITRATION ORDINANCE—SCHEDULE 2 (5) If 2 or more arbitral proceedings are heard at the same time or one immediately after another under subsection (1)(d)(ii), the arbitral tribunal—
 * (a) has the power under sections 74 and 75 only in relation to the costs of those arbitral proceedings that are heard by it; and
 * (b) accordingly, does not have the power to order a party to any of those arbitral proceedings that are heard at the same time or one immediately after another to pay the costs of a party to any other of those proceedings unless the arbitral tribunal is the same tribunal hearing all of those arbitral proceedings.

(6) An order, direction or decision of the Court under this section is not subject to appeal.

3. Decision of preliminary question of law by Court

(1) The Court may, on the application of any party to arbitral proceedings, decide any question of law arising in the course of the arbitral proceedings.

(2) An application under subsection (1) may not be made except—
 * (a) with the agreement in writing of all the other parties to the arbitral proceedings; or
 * (b) with the permission in writing of the arbitral tribunal.

(3) The application must—
 * (a) identify the question of law to be decided; and
 * (b) state the grounds on which it is said that the question should be decided by the Court.

(4) The Court must not entertain an application under subsection (1) unless it is satisfied that the decision of the question of law might produce substantial savings in costs to the parties.

(5) The leave of the Court or the Court of Appeal is required for any appeal from a decision of the Court under subsection (1).

4. Challenging arbitral award on ground of serious irregularity

(1) A party to arbitral proceedings may apply to the Court challenging an award in the arbitral proceedings on the ground of serious irregularity affecting the tribunal, the arbitral proceedings or the award.

(2) Serious irregularity means an irregularity of one or more of the following kinds which the Court considers has caused or will cause substantial injustice to the applicant—
 * (a) failure by the arbitral tribunal to comply with section 46;