Schedule 2 of the Arbitration Ordinance from 1 June 2017

What to do with Schedule 2 of the Arbitration Ordinance from 1 June 2017

Practitioners in Hong Kong will be aware that in order to alleviate concerns from the construction industry, Schedule 2 of the Arbitration Ordinance (Cap.609) preserved a number of key provisions which previously applied under the old domestic regime (Cap.341) including the appointment of a sole arbitrator, the consolidation of different arbitrations by the Court, the referral of preliminary questions of law to Court, the ability to challenge arbitral awards for serious irregularity and the ability to appeal against arbitral awards on questions of law.

King & Wood Mallesons review the old and new provisions, largely from the point of view of players in the construction industry. It is a very useful review – particularly as it applies to construction subcontracts – and as the regime still applies to arbitrations commenced prior to 1 June 2017 (where the parties expressly agree or the arbitration is described as a “domestic arbitration”), it remains of relevance and its application has been the subject of various Hong Kong High Court decisions.


About Phillip Rompotis

Phillip practices as a barrister and arbitrator in Hong Kong. He has over 25 years’ litigation and arbitration experience in commercial disputes relating to construction & engineering, financial services, joint venture & shareholders agreements, technology, trusts, property and landlord & tenant. He is a Fellow of the Chartered Institute of Arbitrators, the Hong Kong Institute of Arbitrators, the Singapore Institute of Arbitrators, the Malaysian Institute of Arbitrators, and a member of various lists/panels of arbitrators.


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