Meaning
Statutory provision in the Hong Kong Arbitration Ordinance that allows parties to opt into a specific set of domestic arbitration rules. This section 101 activates Schedule 2 of the Ordinance, which includes provisions for the court to determine preliminary points of law and for the appeal of awards on legal grounds. It is primarily used by local construction firms and government departments that prefer a higher degree of judicial oversight.
Opt In Requirement
Application of these specialized rules must be expressly agreed upon in writing within the arbitration clause. The section 101 framework was designed to preserve the traditional domestic arbitration style following the unification of the local and international regimes. Parties choose this path when they believe the possibility of a legal appeal provides a necessary safeguard against errors.
Court Power
Judges gain the authority to consolidate multiple arbitrations and to hear challenges regarding the substance of the legal reasoning. This section 101 creates a bridge between the private tribunal and the public court system for specific technical disputes. It remains a distinct feature of the Hong Kong legal landscape, offering a customized procedural balance that allows for the rectification of significant legal mistakes by a professional judge who possesses the authority to review the underlying logic of a decision.
Operational Limit
International commercial parties rarely activate this clause because they typically prioritize the finality of the award over the right to appeal. The section 101 regime is limited to the specific grounds listed in the schedule and cannot be expanded by private agreement.
