香港法例/HK1303 香港海關條例

" (3) The provisions referred to in subsection (1) are sections 2GD, 2GJ(3), 4(1), 5, 7, 26 and 27. (Amended 80 of 1997 s. 102)"

(1) An agreement is not an arbitration agreement for the purposes of this Ordinance unless it is in writing.

(2) An agreement is in writing for the purposes of subsection (1) if-

" (a) the agreement is in a document, whether signed by the parties or not; or"

(b) the agreement is made by an exchange of written communications; or

" (c) although the agreement is not itself in writing, there is evidence in writing of the agreement; or"

(d) the parties to the agreement agree otherwise than in writing by referring to terms that are in writing; or

" (e) the agreement, although made otherwise than in writing, is recorded by one of the parties to the agreement, or by a third party, with the authority of each of the parties to the agreement; or"

(f) there is an exchange of written submissions in arbitral or legal proceedings in which the existence of an agreement otherwise than in writing is alleged by one party against another party and is not denied by the other party in response to the allegaor su

constitutes an arbitration agreement if the reference is such as to make that clause part of the agreement.

" (5) This section applies to all agreements that would, if they were arbitration agreements, be either domestic arbitration agreements or international arbitration agreements and applies to those agreements to the exclusion of article 7(2) of the UNCITRAor such monit

(a) may communicate with the parties to the reference collectively or separately;

" (b) shall treat information obtained by him from a party to the reference as confidential, unless that party otherwise agrees or unless subsection (3) applies."

(4) No objection shall be taken to the conduct of arbitration proceedings by an arbitrator or umpire solely on the ground that he had acted previously as a conciliator in accordance with this section.

Proceedings under this Ordinance in the Court or Court of Appeal shall on the application of any party to the proceedings be heard otherwise than in open court.

(1) This section applies to proceedings under this Ordinance in the Court or Court of Appeal heard otherwise than in open court.

" (2) A court in which proceedings to which this section applies are being heard shall, on the application of any party to the proceedings, give directions as to what information, if any, relating to the proceedings may be published."

(a) all parties to the proceedings agree that such information may be published; or

" (b) the court is satisfied that the information, if published in accordance with such directions as it may give, would not reveal any matter, including the identity of any party to the proceedings, that any party to the proceedings reasonably wishes to or such monitoring an

(a) give directions as to the action that shall be taken to conceal that matter in those reports; and

" (b) if it considers that a report published in accordance with directions with directions given under paragraph (a) would be likely to reveal that matter, direct that no report shall be published until after the end of such period, not exceeding 10 yearor such monitoring and checking.

" For the avoidance of doubt, it is hereby declared that sections 44, 45 and 47 of the Legal Practitioners Ordinance (Cap 159) do not apply to-"

(b) the giving of advice and the preparation of documents for the purpose of arbitration proceedings;

" (c) any other thing done in relation to arbitration proceedings except where it is done in connection with court proceedings arising out of an arbitration agreement or arising in the course of, or resulting from, arbitration proceedings."