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Words: | Submitted: Mon Jun 19 2006
... request by the respondent against the claimant, but security for claim involves the claimant seeking to secure his claim against the respondent. +++ Traditionally, the power to order the respondent to give security of claim was outside the arbitrator's statutory jurisdiction and application to be made to the Court. The s. 2GB of the HKAO bring fundamental changes to the law and practice of arbitration in Hong Kong. In s. 2GB(1), it provides "When conducting arbitration proceedings, an arbitral tribunal may make orders or give directions dealing with any of the following matters- (b) requiring money in dispute to be secured;" In s. 2GC(1), it provides "The Court or a judge of the Court may, in relation to a particular arbitration proceeding, do any of the following - (a) make an order directing an amount in dispute to be secured;" The arbitrator now has the power to order the respondent to give security for money in dispute. ...
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