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2017/05/11

Arbitration Ordinance (Cap. 609) – Lapse of Automatic Opt-in Provisions

The current Arbitration Ordinance (Cap. 609), re-enacted on 1 June 2011, is a unification of the domestic and international arbitration regimes under the previous Arbitration Ordinance (cap.341), which has since been repealed.

Under the existing Ordinance, parties to an arbitration agreement are automatically opt into the domestic arbitration provisions for the first 6 years of the Ordinance’s operations if the arbitration agreement (a) referred to “domestic arbitration”, and (b) was entered before the commencement of the Ordinance or anytime within a period of 6 years after the Ordinance’s commencement.

The automatic opt-in provisions will lapse on 1 June 2017. If parties to arbitration agreements concluded on or after the aforementioned date wish to continue using any of the provisions that would only apply to the former domestic regime under the repealed Arbitration Ordinance (Cap.341), they will be required to expressly opt in to those provisions as required under Section 99 of the current Ordinance.

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