830
No. 3 of 1901.
CODE OF CIVIL PROCEDURE.
Effect of submission.
c. 49, s. 1.
Provisions implied in submission. 52 & 53 Vict. c. 49, s. 2, and First Schedule.
Reference by consent out of court.
539. A submission, unless a contrary intention is expressed therein, shall be irrevocable, except by leave of the court, and shall have the same effect in all respects as if it had been made an order of court.
540. A submission, unless a contrary intention is expressed therein, shall be deemed to include the provisions hereinafter set forth so far as they are applicable to the reference under the submission; that is to say-
(1) if no other mode of reference is provided the reference shall be to a single arbitrator;
(2) if the reference is to two arbitrators, the two arbitrators may appoint an umpire at any time within the period during which they have power to make an award;
(3) the arbitrators shall make their award in writing within three months after entering on the reference, or after having been called on to act by notice in writing from any party to the submission, or on or before any later day to which the arbitrators, by any writing signed by them, may from time to time enlarge the time for making the award;
(4) if the arbitrators have allowed their time or extended time to expire without making an award, or have delivered to any party to the submission or to the umpire a notice in writing stating that they cannot agree, the umpire may forthwith enter on the reference in lieu of the arbitrators;
(5) the umpire shall make his award within three months after the original or extended time appointed for making the award of the arbitrators has expired, or on or before any later day to which the umpire, by any writing signed by him, may from time to time enlarge the time for making the award;
(6) the parties to the reference, and all persons claiming through or under them respectively, shall, subject to any legal objection, submit to be examined by the arbitrators or umpire, upon oath, in relation to the matters in dispute, and shall, subject as aforesaid, produce before the arbitrators or umpire all books, deeds, papers, accounts, writings and documents in their possession or power respectively which may be required or called for, and do all other things which, during the proceedings on the reference, the arbitrators or umpire may require;