GLOSSARY TERM  
  Arbitration Ordinance  
 
  DESCRIPTION  
  Arbitration Ordinance (Cap 609) commenced operation on 1 June 2011 and governs all forms of arbitration in Hong Kong. Under the Arbitration Ordinance (Cap 609), the previously separate rules that govern domestic and international arbitration are abolished in favour of a unified regime based on the UNCITRAL Model law.

However, certain provisions under the former Arbitration Ordinance (Cap 341) which applied to domestic arbitrations have been retained as optional "opt-in" provisions under schedule 2 of Arbitration Ordinance (Cap 609). Some of the significant provisions under schedule 2 include:

• the determination of a dispute by a single arbitrator (not three) being the default position
• consolidation of arbitrations
• determination of a preliminary point of law by the Court
• challenging arbitral award on the grounds of serious irregularity
• appeal against arbitral award on a point of law either with the consent of all other parties or with the leave of the Court.

These provisions are automatically applied to any arbitration agreement entered into before the commencement of Arbitration Ordinance (Cap 609), or up to 6 years later (1 June 2017) if it is stipulated as "domestic arbitration" (section 100). Further, section 99 of Arbitration Ordinance (Cap 609) allows parties to "expressly" opt-in the provisions in schedule 2.