“Article 5. Extent of court intervention
- In matters governed by this Law, no court shall intervene except where so provided in this Law.”.
13. Article 6 of UNCITRAL Model Law (Court or other authority for certain functions of arbitration assistance and supervision)
(1) Subsections (2) to (6) have effect in substitution for article 6 of the UNCITRAL Model Law.
(2) The functions of the court or other authority referred to in article 11(3) or (4) of the UNCITRAL Model Law, given effect to by section 24, are to be performed by the HKIAC.
(3) The HKIAC may, with the approval of the Chief Justice, make rules to facilitate the performance of its functions under section 23(3), 24 or 32(1).
(4) The functions of the court or other authority referred to in—
- (a) article 13(3) of the UNCITRAL Model Law, given effect to by section 26; or
- (b) article 14(1) of the UNCITRAL Model Law, given effect to by section 27,
are to be performed by the Court.
(5) The functions of the court referred to in—
- (a) article 16(3) of the UNCITRAL Model Law, given effect to by section 34; or
- (b) article 34(2) of the UNCITRAL Model Law, given effect to by section 81,
are to be performed by the Court.
(6) The functions of the competent court referred to in article 27 of the UNCITRAL Model Law, given effect to by section 55, are to be performed by the Court.
14. Application of Limitation Ordinance and other limitation enactments to arbitrations
(1) The Limitation Ordinance (Cap. 347) and any other Ordinance relating to the limitation of actions (“limitation enactments”) apply to arbitrations as they apply to actions in the court.
(2) For the purposes of subsection (1), a reference in a limitation enactment to bringing an action is to be construed as, in relation to an arbitration, commencing the arbitral proceedings.
