Page:Arbitration Ordinance (Cap. 609).pdf/108

From Wikisource
Jump to navigation Jump to search
This page has been proofread, but needs to be validated.
ARBITRATION ORDINANCE—SCHEDULE 4
Ord. No. 17 of 2010
A787
if there is a correction or interpretation of the award under section 69 of that Ordinance, the period of 30 days runs from the date on which the award with the correction made or interpretation given is delivered.
(3) An application to decide any question of law arising in the course of the arbitral proceedings under section 3 of Schedule 2 to the Arbitration Ordinance (17 of 2010) must be made, and the originating summons or summons must be served, within 30 days after the arbitral tribunal has given permission in writing for the making of the application or all the other parties to the arbitral proceedings have agreed in writing to the making of the application.
(4) In relation to an application to which paragraph (1), (2) or (3) applies or an application to set aside an arbitral award under section 81 of the Arbitration Ordinance (17 of 2010)—
(a) the originating summons or summons must state the grounds of application; and
(b) if the application—
(i) is founded on evidence by affidavit, a copy of every affidavit intended to be used must be served with the originating summons or summons; or
(ii) is made with the permission of the arbitral tribunal or agreement of all the other parties to the arbitral proceedings, a copy of every permission or agreement in writing must be served with the originating summons or summons.
(5) In relation to—
(a) an application to which paragraph (1) applies;
(b) a request for the Court to decide on a challenge to an arbitrator or umpire under section 26(1) of the Arbitration Ordinance (17 of 2010) or to decide on the termination of the mandate of an arbitrator or umpire under section 27 of that Ordinance;
(c) an application for the Court to decide that the umpire is to replace the arbitrators as the arbitral tribunal under section 31(8) of that Ordinance or that the arbitrator or umpire is not entitled to or must repay fees or expenses under section 62 of that Ordinance;
(d) an application to extend the time limit for making an award under section 72(2) of that Ordinance;
(e) an application to set aside an arbitral award under section 81 of that Ordinance; or
(f) an appeal on a question of law arising out of an arbitral award or application for leave to appeal under section 5, 6 or 7 of Schedule 2 to that Ordinance,