Comparative Guides
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Results: 4 Answers
International Arbitration
5.
The parties
5.1
Are there any restrictions on who can be a party to an arbitration agreement?
 
Hong Kong
The Arbitration Ordinance (AO) has no restrictions on who can be a party to an arbitration agreement.

Certain arbitration rules allow multi-party arbitrations by way of joinder of parties or consolidation of separate arbitrations. For further details, please see question 18.

For more information about this answer please contact: Nick Gall from Gall
5.2
Are the parties under any duties in relation to the arbitration?
 
Hong Kong
Section 59(1) provides that unless otherwise expressed in an arbitration agreement, a party which has a claim under the agreement must, after commencement of the arbitral proceedings, pursue that claim without unreasonable delay. If the tribunal is satisfied that the defaulting party has unreasonably delayed in pursuing the claim in the arbitral proceedings, the tribunal may make an award dismissing the defaulting party’s claim and prohibiting that party from commencing further arbitral proceedings in respect of the claim.

For the duty of confidentiality, please see question 44.

For more information about this answer please contact: Nick Gall from Gall
5.3
Are there any provisions of law which deal with multi-party disputes?
 
Hong Kong
Arbitration rules have different provisions for dealing with multi-party disputes. These provisions typically deal with the following key aspects:

  • Joinder of parties in an existing arbitration:
    • Who can be added to an arbitration after it has already been commenced? Must the additional party be a signatory to the arbitration agreement?
    • Who can file a request for joinder?
    • Who can decide on or consent to a request for joinder?
    • If certain decisions have already been made by the arbitral tribunal before joinder of parties is allowed, will these decisions bind the latecomers?
  • Appointment of the same arbitrator(s) to hear related disputes in concurrent arbitral proceedings.
  • Consolidation of separate arbitrations:
    • Circumstances in which an arbitral tribunal may combine arbitrations, such as arbitrations involving a common question of law or fact, claims arising out of the same transaction or series of transactions, and compatible arbitration agreements.
For more information about this answer please contact: Nick Gall from Gall
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