Hong Kong · civil procedure
What period applies to arbitral award set aside period?
3 calendar months from the applicable receipt or disposal event. Make the set-aside application under section 81 and Article 34. Timeliness does not establish an Article 34 ground for setting aside.
- Period
- 3 calendar months from the applicable receipt or disposal event
- Trigger
- Actual award receipt or disposition of an actual Article 33 request
- Rule
- Arbitration Ordinance (Cap. 609), section 81(1), giving effect to article 34(3) of the UNCITRAL Model Law
Official verified English consolidated chapter 609, version December 16,2022. Acquired October 9, 2026, with the official current register and immutable verified PDF. Current verified official English consolidated chapter PDFs acquired October 9, 2026. Version dates retained per chapter register. No claim that a calendar proves future gale, black-rainstorm or emergency office closures.
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What period applies to arbitral award set aside period?
3 calendar months from the applicable receipt or disposal event. Make the set-aside application under section 81 and Article 34. Timeliness does not establish an Article 34 ground for setting aside.
Responsible actor. Party seeking to set aside a qualifying arbitral award.
Actual award receipt or disposition of an actual Article 33 request
3 calendar months from the applicable receipt or disposal event
Party seeking to set aside a qualifying arbitral award. Applicant actually received award; Article 33 request history complete; Hong Kong set-aside jurisdiction and section 13(5) scope established; For this ordinary branch no August-crossing short-period interval requiring unresolved section 31 analysis. An actual Article 33 request moves the event to its disposition by the tribunal. A negotiation or unrelated complaint does not.
Arbitration Ordinance (Cap. 609), section 81(1), giving effect to article 34(3) of the UNCITRAL Model LawHow does this provision count time?
- Make the set-aside application under section 81 and Article 34
- Party seeking to set aside a qualifying arbitral award uses the established actual award receipt or disposition of an actual article 33 request. 3 calendar months from the applicable receipt or disposal event. Use calendar months or calendar years, not a fixed number of thirty-day blocks. The retained ordinary examples use corresponding dates. A missing anniversary date needs a separately supported rule.
- Make the set-aside application under section 81 and Article 34. An applicable Court-office completion may move under the exact final-day source only when the act cannot be done there. Establish the actual office route, closure and any different effective electronic route. Timeliness does not establish an Article 34 ground for setting aside.
- Timeliness does not establish an Article 34 ground for setting aside.
Party seeking to set aside a qualifying arbitral award uses the established actual award receipt or disposition of an actual article 33 request. 3 calendar months from the applicable receipt or disposal event. Use calendar months or calendar years, not a fixed number of thirty-day blocks. The retained ordinary examples use corresponding dates. A missing anniversary date needs a separately supported rule.
Make the set-aside application under section 81 and Article 34. An applicable Court-office completion may move under the exact final-day source only when the act cannot be done there. Establish the actual office route, closure and any different effective electronic route. Timeliness does not establish an Article 34 ground for setting aside.
Arbitration Ordinance (Cap. 609), section 81(1), giving effect to article 34(3) of the UNCITRAL Model LawWhat do independently checked examples show?
Fictitious example
Party seeking to set aside a qualifying arbitral award. Actual award receipt or disposition of an actual Article 33 request occurs on Thursday, July 9, 2026. The retained eligibility and ordinary procedural conditions apply. Actual Award Received Thursday, July 9, 2026. Article33Request Made false. Article33Disposition none in this ordinary branch.
| Step | What is counted | Date |
|---|---|---|
| Example 1. Ordinary established facts | Party seeking to set aside a qualifying arbitral award. Actual award receipt or disposition of an actual Article 33 request occurs on Thursday, July 9, 2026. The retained eligibility and ordinary procedural conditions apply. Actual Award Received Thursday, July 9, 2026. Article33Request Made false. Article33Disposition none in this ordinary branch. 3 calendar months from the applicable receipt or disposal event. Timeliness does not establish an Article 34 ground for setting aside. | Friday, October 9, 2026 |
| Example 2. Closed-day boundary | Party seeking to set aside a qualifying arbitral award. Actual award receipt or disposition of an actual Article 33 request occurs on Sunday, July 19, 2026. The retained eligibility and ordinary procedural conditions apply. Actual Award Received Sunday, July 19, 2026. Article33Request Made false. Article33Disposition none in this ordinary branch. 3 calendar months from the applicable receipt or disposal event. Timeliness does not establish an Article 34 ground for setting aside. | Tuesday, October 20, 2026 |
| Example 3. Material procedural branch | Party seeking to set aside a qualifying arbitral award. Actual award receipt or disposition of an actual Article 33 request occurs on Thursday, July 9, 2026. The complete eligibility and procedural facts are not established. Actual Award Received not established. Article33Request Made not established. Article33Disposition not established. This actual branch must be established independently before any ordinary endpoint can be used. Applicant actually received award | An actual Article 33 request moves the event to its disposition by the tribunal. A negotiation or unrelated complaint does not. |
Fictitious established facts. These examples do not establish eligibility, effective service, relief or a direction.
Try these dates in the calculatorWhich conditions and exceptions apply?
- Applicant actually received award
- Applicant actually received award
- Article 33 request history complete
- Article 33 request history complete
- Hong Kong set-aside jurisdiction and section 13(5) scope established
- Hong Kong set-aside jurisdiction and section 13(5) scope established
- For this ordinary branch no August-crossing short-period interval requiring unresolved section 31 analysis
- For this ordinary branch no August-crossing short-period interval requiring unresolved section 31 analysis
- Correct source counting and completion route
- Party seeking to set aside a qualifying arbitral award uses the established actual award receipt or disposition of an actual article 33 request. 3 calendar months from the applicable receipt or disposal event. Use calendar months or calendar years, not a fixed number of thirty-day blocks. The retained ordinary examples use corresponding dates. A missing anniversary date needs a separately supported rule. Make the set-aside application under section 81 and Article 34. An applicable Court-office completion may move under the exact final-day source only when the act cannot be done there. Establish the actual office route, closure and any different effective electronic route. Timeliness does not establish an Article 34 ground for setting aside.
- Party seeking to set aside a qualifying arbitral award. Applicant actually received award; Article 33 request history complete; Hong Kong set-aside jurisdiction and section 13(5) scope established; For this ordinary branch no August-crossing short-period interval requiring unresolved section 31 analysis. An actual Article 33 request moves the event to its disposition by the tribunal. A negotiation or unrelated complaint does not.
- An actual Article 33 request moves the event to its disposition by the tribunal. A negotiation or unrelated complaint does not.
What must the responsible actor complete?
Questions about this procedure
What period applies to arbitral award set aside period?
Does award delivery to another person establish applicant receipt?
Retain when the applicant actually received the award. Article 34(3) specifies that receipt event.
Arbitration Ordinance (Cap. 609), section 81(1), giving effect to article 34(3) of the UNCITRAL Model LawWhat changes after an Article 33 request?
The three months runs from the date the tribunal disposes of that qualifying request.
Arbitration Ordinance (Cap. 609), section 81(1), giving effect to article 34(3) of the UNCITRAL Model LawDoes any informal challenge reset the period?
No. The source identifies an Article 33 request, not every complaint or settlement negotiation.
Arbitration Ordinance (Cap. 609), section 81(1), giving effect to article 34(3) of the UNCITRAL Model LawIs the period ninety days?
No. Article 34(3) specifies three months. Retain calendar-month counting and actual court-completion facts.
Arbitration Ordinance (Cap. 609), section 81(1), giving effect to article 34(3) of the UNCITRAL Model LawDoes a timely application prove a ground?
No. Article 34(2) separately specifies the grounds and proof requirements.
Arbitration Ordinance (Cap. 609), section 81(1), giving effect to article 34(3) of the UNCITRAL Model LawIs serious irregularity the same statutory route?
No. Schedule 2 section 4 and RHC Order 73 rule 5(1) have a distinct applicability and thirty-day procedure.
Arbitration Ordinance (Cap. 609), section 81(1), giving effect to article 34(3) of the UNCITRAL Model LawOfficial sources and review
Provisions used (4)
| Provision | Purpose |
|---|---|
| Arbitration Ordinance (Cap. 609), section 81(1), giving effect to article 34(3) of the UNCITRAL Model Law | Check the identified procedure, event, counting rule or qualification |
| Interpretation and General Clauses Ordinance (Cap.1), section71(1)–(2) | Check the identified procedure, event, counting rule or qualification |
| General Holidays Ordinance (Cap.149), section3 and Schedule | Check the identified procedure, event, counting rule or qualification |
| Arbitration Ordinance (Cap.609), section81 and Schedule2 paragraphs4–6 as applicable | Check the identified procedure, event, counting rule or qualification |