Page:Arbitration Ordinance (Cap. 609).pdf/99

ARBITRATION ORDINANCE—SCHEDULE 2 :(b) the arbitral tribunal exceeding its powers (otherwise than by exceeding its jurisdiction);
 * (c) failure by the arbitral tribunal to conduct the arbitral proceedings in accordance with the procedure agreed by the parties;
 * (d) failure by the arbitral tribunal to deal with all the issues that were put to it;
 * (e) any arbitral or other institution or person vested by the parties with powers in relation to the arbitral proceedings or the award exceeding its powers;
 * (f) failure by the arbitral tribunal to give, under section 69, an interpretation of the award the effect of which is uncertain or ambiguous;
 * (g) the award being obtained by fraud, or the award or the way in which it was procured being contrary to public policy;
 * (h) failure to comply with the requirements as to the form of the award; or
 * (i) any irregularity in the conduct of the arbitral proceedings, or in the award which is admitted by the arbitral tribunal or by any arbitral or other institution or person vested by the parties with powers in relation to the arbitral proceedings or the award.

(3) If there is shown to be serious irregularity affecting the arbitral tribunal, the arbitral proceedings or the award, the Court may by order—
 * (a) remit the award to the arbitral tribunal, in whole or in part, for reconsideration;
 * (b) set aside the award, in whole or in part; or
 * (c) declare the award to be of no effect, in whole or in part.

(4) If the award is remitted to the arbitral tribunal, in whole or in part, for reconsideration, the tribunal must make a fresh award in respect of the matters remitted—
 * (a) within 3 months of the date of the order for remission; or
 * (b) within a longer or shorter period that the Court may direct.

(5) The Court must not exercise its power to set aside an award or to declare an award to be of no effect, in whole or in part, unless it is satisfied that it would be inappropriate to remit the matters in question to the arbitral tribunal for reconsideration.

(6) The leave of the Court or the Court of Appeal is required for any appeal from a decision, order or direction of the Court under this section.

(7) Section 7 of this Schedule also applies to an application or appeal under this section.