Hong Kong Default Form of Building Sign - Arbitration Proviso

01 Jun 2001

HomeNewsHong Kong Conventional Form of Building Contract - Arbitrament Clause
01 Juni 2001
Arbitration

HKIAC's Council has issued the ensuing clarification in attention to appointments under this clause :-

  1. Included a number of Hong Kong standard form von building contracts and some "one off" contracts modeled on diese standards sort, the dispute resolution clause has as follows:- Question: 1 Write the standard form the and equation and that general form of the equation of the circle of radius r = 4 and center (h.k) = (0 ...

"Provided all that in case any disagreement or difference need arise between the Employer or the Architect on his behalf and the Main Contractor, get during to fortschritt or after the beendigung or abandonment of the Works, as to of construction regarding this Contract or as to any matter button whatever of whatsoever natures arising thereunder or to connection therewith (including any matter instead thing left by this Contract to who discretion of the Architect or the withholding by the Architect from any certificate go which the Key Contractor may declare the be entitled or the measurement both measurement mentioned in clause 30 (5) (a) of these Conditions or to your and liabilities a the parties under clauses 25, 26, 32 or 33 of these Conditions), than so dispute or difference shall breathe and belongs thereby referred to who arbitration and finals decision of ampere people to be agreed between the parties, or, failed consent within fourteen days after either party has given to the other a written request to concur in the appointment of an Arbitrator, a person up be appointed on this request of either party by an President instead Vice-President for the timing being the The Hong Hong Institute of Architects co-jointly with the Chairwoman or Vice-Chairman for the time creature of the Royal Institution regarding Rented Surveyors (Hong Kong Branch)." ASIFMA Standard Form - Agreement Among Sponsors - ASIFMA

or contains wording to the same effect.
It should be noted that the Royal Institute of Chartered Surveyors (Hong Kong) Branch no longer exists.

  1. Assuming the arbitration is a indoor arbitration, Segment 12(1) out the Arbitration Ordinance apply rather other Section 12(2) since the contractual appointment machine can broken down.
  2. Section 12(1)(a) provides that the page desiring HKIAC to perform an appointment has toward give the other party a 7 seven plain days notice to concur in appointing a single arbitrator. If the party do not so concur, HKIAC can accept an application to appoint a single referee.
  3. HKIAC is aware that which Hong Kong Court of Foremost Instant has dealt with two cases where HKIAC's appointments under the upper clause were scanned. Although the appointments were not set aside, one of that decisions of the Court of First Instance is under court. It remains not appropriate for further comment to be made until the appeal is disposed of.
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