832
No. 3 of 1901.
CODE OF CIVIL PROCEDURE.
Power for parties in certain cases to supply vacancy among arbitrators.
supplied, and the parties or arbitrators do not supply the vacancy, any party may serve the other parties or the arbitrators, as the case may be, with a written notice to appoint an arbitrator, umpire or third arbitrator.
(2) If the appointment is not made within seven clear days after the service of the notice the court may, on application by the party who gave the notice, appoint an arbitrator, umpire, or third arbitrator, who shall have the like powers to act in the reference and make an award as if he had been appointed by consent of all parties.
543. Where a submission provides that the reference shall be to two arbitrators, one to be appointed by each party, then, unless the submission expresses a contrary intention-
(1) if either of the appointed arbitrators refuses to act, or is incapable of acting, or dies, the party who appointed him may appoint a new arbitrator in his place; and
52 & 53 Vict. c. 49, s. 6.
Powers of arbitrator or umpire and procedure on reference. 52 & 53 Vict. c. 49, s. 7.
(2) if, on such a reference, one party fails to appoint an arbitrator either originally or by way of substitution as aforesaid, for seven clear days after the other party, having appointed his arbitrator, has served the party making default 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-