(6) Subsection (5) applies even if—
- (a) the subject matter of the arbitral proceedings would not, apart from that subsection, give rise to a cause of action over which the Court would have jurisdiction; or
- (b) the order sought is not ancillary or incidental to any arbitral proceedings in Hong Kong.
(7) In exercising the power under subsection (2) in relation to arbitral proceedings outside Hong Kong, the Court must have regard to the fact that the power is—
- (a) ancillary to the arbitral proceedings outside Hong Kong; and
- (b) for the purposes of facilitating the process of a court or arbitral tribunal outside Hong Kong that has primary jurisdiction over the arbitral proceedings.
(8) The Court has the same power to make any incidental order or direction for the purposes of ensuring the effectiveness of an interim measure granted in relation to arbitral proceedings outside Hong Kong as if the interim measure were granted in relation to arbitral proceedings in Hong Kong.
(9) An interim measure referred to in subsection (2) means an interim measure referred to in article 17(2) of the UNCITRAL Model Law, given effect to by section 35(1), as if—
- (a) a reference to the arbitral tribunal in that article were the court; and
- (b) a reference to arbitral proceedings in that article were court proceedings,
and is to be construed as including an injunction but not including an order under section 60.
(10) A decision, order or direction of the Court under this section is not subject to appeal.
PART 7
Conduct of Arbitral Proceedings
46. Article 18 of UNCITRAL Model Law (Equal treatment of parties)
(1) Subsections (2) and (3) have effect in substitution for article 18 of the UNCITRAL Model Law.
(2) The parties must be treated with equality.
