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Powers of arbitrator or umpire, and procedure on reference.
52 & 53 Vict. c. 49 s. 7.
O. 36 r. 48.
Ib. r. 49.
Ib. r. 50.
Ib. r. 51.
Ib. r. 53.
Suing out of subpœna. 52 & 53 Vict. c. 49 s. 8.
Enlargement of time for making award Ib. s. 9.
Remitting of award. Ib. s. 10.
No. 3.] THE ORDINANCES OF HONGKONG: [A.D. 1901
Provided that the Court may set aside any appointment made in pursuance of this section.
544.-(1.) The arbitrators or umpire acting under a submission shall, unless the submission expresses a contrary intention, have power-
(a.) to administer oaths to the parties and witnesses appearing; and
(b.) to state an award as to the whole or part thereof in the form of a special case for the opinion of the Court; and
(c.) to correct in an award any clerical mistake or error arising from any accidental slip or omission.
(2.) The arbitrators or umpire acting under a submission shall also have such authority, and shall conduct the reference in such manner, as is hereinafter mentioned; that is to say,
(a.) they may hold the proceedings on the reference at or adjourn them to any place which they may deem most convenient, and have any inspection or view which they may deem expedient for the better disposal of the controversy before them;
(b.) evidence shall be taken on the reference, and the attendance of witnesses may be enforced by subpœna, and the proceedings on the reference shall be conducted in the same manner, as nearly as circumstances will admit, as trials are conducted before the Court;
(c.) they shall have the same authority with respect to discovery and production of documents, and in the conduct of the reference, as the Court;
(d.) nothing in this section shall authorize them to commit any person to prison or to enforce any order by committal or otherwise; and
(e.) when they make an award, they shall immediately thereafter cause notice thereof to be given in writing to all the parties to the reference before them.
545. Any party to a submission may sue out a writ of subpœna ad testificandum or a writ of subpœna duces tecum, but no person shall be compelled under any such writ to produce any document which he could not be compelled to produce on the trial of an action.
546. The time for making an award may from time to time be enlarged by order of the Court, whether the time for making the award has expired or not.
547.-(1.) In all cases of reference to arbitration, the Court may from time to time remit the matters referred, or any of them, to the re-consideration of the arbitrators or umpire.
(2.) Where an award is remitted, the arbitrators or umpire shall, unless the order otherwise directs, make their award within three months after the date of the order.