1248
No. 3 of 1901.
Powers of arbitrator or umpire and procedure on reference. 52 & 53 Vict. c. 49, s. 7.
O: 36, r. 48.
O. 36, r. 49.
O. 36, r. 50.
O: 36, r. 51.
O: 36, r. 53.
CODE OF CIVIL PROCEDURE.
with notice to make the appointment, the party who has appointed an arbitrator may appoint that arbitrator to act as sole arbitrator in the reference, and his award shall be binding on both parties as if he had been appointed by consent:
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 subpoena, 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.
(3) Nothing in this section shall authorise them to commit any person to prison or to enforce any order by committal or otherwise.
(4) 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.
Page 135
Page 136