Page:Contracts (Rights of Third Parties) Ordinance (Cap. 623).pdf/10

Contracts (Rights of Third Parties) Ordinance Ord. No. 17 of 2014 Section 13 :(c) subsection (2) does not apply in relation to the arbitration agreement.

(5) If the third party enforces the arbitration agreement under section 4, then, as regards the dispute for which the arbitration agreement is enforced, the third party is treated as a party to the arbitration agreement for the purposes of the Arbitration Ordinance (Cap. 609).

(6) The third party is so treated immediately before the third party exercises the right to enforce the arbitration agreement under section 4.

(7) In this section—

arbitration agreement (仲裁協議) has the meaning given by section 2(1) of the Arbitration Ordinance (Cap. 609).

13. Exclusive jurisdiction clause

(1) This section applies if a contract contains—
 * (a) a term enforceable by a third party under section 4; and
 * (b) an exclusive jurisdiction clause.

(2) The third party is bound by the exclusive jurisdiction clause as regards a dispute between the third party and the promisor relating to the enforcement of the term by the third party.

(3) This section does not apply if, on a proper construction of the contract, the third party is not intended to be so bound.

(4) In this section—

exclusive jurisdiction clause (專有司法管轄權條款) means a clause requiring that a dispute relating to the term enforceable by the third party under section 4 be resolved only in a particular jurisdiction.