Page:Arbitration Ordinance (Cap. 609).pdf/19

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ARBITRATION ORDINANCE
Ord. No. 17 of 2010
A609

18. Disclosure of information relating to arbitral proceedings and awards prohibited

(1) Unless otherwise agreed by the parties, no party may publish, disclose or communicate any information relating to—

(a) the arbitral proceedings under the arbitration agreement; or
(b) an award made in those arbitral proceedings.

(2) Nothing in subsection (1) prevents the publication, disclosure or communication of information referred to in that subsection by a party—

(a) if the publication, disclosure or communication is made—
(i) to protect or pursue a legal right or interest of the party; or
(ii) to enforce or challenge the award referred to in that subsection,
in legal proceedings before a court or other judicial authority in or outside Hong Kong;
(b) if the publication, disclosure or communication is made to any government body, regulatory body, court or tribunal and the party is obliged by law to make the publication, disclosure or communication; or
(c) if the publication, disclosure or communication is made to a professional or any other adviser of any of the parties.

PART 3
Arbitration Agreement

19. Article 7 of UNCITRAL Model Law (Definition and form of arbitration agreement)

(1) Option I of Article 7 of the UNCITRAL Model Law, the text of which is set out below, has effect—

Option I

Article 7. Definition and form of arbitration agreement

(1) “Arbitration agreement” is an agreement by the parties to submit to arbitration all or certain disputes which have arisen or which may arise between them in respect of a defined legal relationship, whether contractual or not. An arbitration agreement may be in the form of an arbitration clause in a contract or in the form of a separate agreement.