Before giving an award, the arbitrators are required to hear all the parties and may make enquiries as they deem appropriate. In the absence of a written agreement of the parties concerned or the order of the court, the arbitrators are also empowered to define issues or disputes and to adopt their own rules and procedures for the hearings. The parties may present evidence and examine or cross-examine witnesses during the arbitration proceedings. Through the authority of the court, the arbitrators may summon documents, subpoena witnesses and request witnesses to testify under oath. The rules of evidence and procedure stipulated in the Civil Procedures Code may be made applicable to arbitration mutatis mutandis. Arbitrators' fees may be fixed by agreement of the parties or by the courts. Witnesses' fees may be fixed by the arbitrators, taking into consideration the "going-rates" which are generally approved by the courts.
NOTE: The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
If you would like further advice please contact: David Ellis, Johnson Stokes & Master, 16th Floor, Princes Building, 10 Chater Road, Hong Kong; Tel 2843 4226; Fax no. : 2845 9121. Alternatively do a text search "Johnson Stokes and Master" and "Business Monitor".
See More Popular Content From