30
31
Proceedings Jafore the arbitrator or
and
(b) set out the dispute and full particulars thereof;
(o) limit the time within which the award shall be forwarded by the arbitrator or arbitrators to the Registrar:
Provided that, on good cause shown to hia satisfaction, the Registrar may by a further order enlarge the time whether before or after the time limited by the order of reference has expired.
(8) Where the Registrar decides to refer a dispute to more than one arbitrator, auch reference shall be to three arbitrators, of whom one shall be nominated by each of the parties to the dispute and the third shall be nominated by the Registrar and shall act as chairman.
(4) Where under paragraph (3) of this rulo reference is made to three arbitrators, the following provisions shall have effect
(a) If any party to the dispute fails to nominate an arbitrator within such time as the Registrar may specify, the Registrar may make the nomination himself;
(b) If an arbitrator nomiunted by one of the parties to the dispute dies, or refuses or neglects to act or by absence of otherwise becomes incapable of acting, the Registrar shall call upon the party concerned to nominate a new arbitrator within such time as the Registrar may specify, and if no new arbitrator is nominated accordingly, the Registrar may nominate one himself. (c) If the arbitrator who dias, ur refuses or neglecte to act, or becomes incapable of acting, was nominated by the Registrar, a new arbitrator shall be nominated in his place by the Registrar; and
shall prevail.
(d) The opinion of the majority of the arbitrators
74. (1) The proceedings before the arbitrator or arbitrators shall, as nearly as possible, be conducted in the same way as Arbitrators. proceedings before a court of law, and in particular the following
provisions shall have affect in respect thereof :—
(1) Notice of the time and place at which the pro- ceedings are to be held shall be given to the parties to the dispute, and such notice shall be a ten days' notice;
(b) A record of the evidence adduced before the arbitrator or arbitrators shall be made, dated and signed by the arbitrator or arbitrators;
(a) Donuments produced as exhibits before the arbitrator or arbitrators shall be marked, dated and initialled by the arbitrator or arbitrators and shall be attached to the file of the proceedings; and
(d) In the absence of any party duly notifled to attend, the dispute may be derided by the arbitrator or arbitrators ez parte.
tors; and
(2) The award of the arbitrator or arbitrators shall-
(a) be in writing;
(b) be dated and signed by the arbitrator or arbitra.
(c) state the amount of the costs and expenses of the arbitration, if any, and by which party or parties to the dispute the same are to be paid.
(8) Upon the completion of the proceedings the arbitrator
or arbitrators shall forward to the Registrar.........
(a) the file of the proceedings, and
(b) the award.
76. Where, in pursuance of the provisions of section Proceedings 49(2)(a) of the Ordinance, the Registrar exercises the power of before the deoiding a dispute himself, the proceedings before him in relation Bugistrar. thereto shall, as nearly as possible, be conducted in the same way as proceedings before a court of law and the provisions of rule 73 hall apply mutatis mutandis to such proceedings,
Passed the Legislative Council of Hong Kong, this 16th day of October, 1947.
Alastin Woodh
Deputy Clerk of Councils.