1947-HKRS29-8-14_Part05 — Page 19

Procendioge

arbitratur or

and

30

(b) set out the dispute and full particulars thereof;

(0) limit the time within which the award shall be forwarded by the arbitrator or arbitrators to the Registrar -

Provided that, on good esuse shown to bia 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.

(3) Where the Registrar decides to refer a dispute to more than one arbitrator, such 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 aball ́act as chairman.

(4) Where under paragraph (3) of this rule referencs is made to three arbitrators, the following provisions shall have effect

() If any party to the dispute fails to nominate an arbitrator within much time as the Registrar may specify, the Registrar may make the nomination himself;

(b) If an arbitrator nominated by one of the parties to the dispute dies, or refuses or neglects to act or by absence or otherwise becomes incapable of acting, the Registrar shall call upon the party concerned to nominale a new arbitrator within auch time as the Registrar may specify, and if no new arbitrator is nominated accordingly, the Registrar may nominate ono himself. (c) If the arbitrator who dias, or 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 hafore the ahall, as nearly as possible, be conducted in the same way 89 Arbitrators. proceedings before a court of law, and in particular the following

provisions shall have effect in respect thereof :——

(a) 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 daya' notice;

(b) A record of the evidence adduced before the arbitrator or arbitrators shall be made, dated and signed by the arbitrator or arbitrators;

(c) Documents 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 notified to attend, the dispute may be decided by the arbitrator or arbitrators er 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.

31

76. Where, in pursuance of the provisions of section Proceedings 49(2)(a) of the Ordinance, the Registrar exercises the power of before the deciding a dispute himself, the proceedlings before him in relation Registrar, thereto shall, as nearly as possible, be conducted in the same way sa proceedings before a court of law and the provisions of rule 73 shall apply mutatis mutandis to such proceedings.

Passed the Legislative Council of Hong Kong, this 16th day of October, 1947.

Alastair Todes

Deputy Clerk of Councils.