Power to remit award. 14 Gec. 6.
c. 27, n. 22.
Removal of
arbitrator and Belting aside of
award,
10
Court to hear and determine appeals from any decision of the Court, but no appeal shall is from the decision of the Court on any case stated under paragraph (@) of subsection (1) without the leave of the Court or of the Full Court.
24. (1) In all cases of reference to arbitration the Court or a judge thereof may from time to time remit the matters referred, or any of them, to the reconsideration of the arbitrator or umpire.
(2) Where an award is remitted, the arbitrator or umpire shall, unless the order otherwise directs, make his award within three months after the date of the order.
25. (1) Where an arbitrator or umpire has misconducted himself or the proceedings, the Court may remove him.
(2) Where an arbitrator or umpire has misconducted himself or the proceedings, or an arbitration or award has been improperly c. 27, 8, 21. procured, the Court may set the award aside.
14 Geo. 6,
Power of
Court to give
relief where arbitrator is
not impartial or the dispute involves question of fraud.
(3) Where an application is made to set aside an award, the Court may order that any money made payable by the award shall be brought into court or otherwise secured pending the determination of the application.
26. (1) Where an agreement between any parties provides that disputes which may arise in the future between them shall be referred to an arbitrator named or designated in the agreement, and after a dispute has arisen any party applies, on the ground that the arbitrator so named or designated is not or may not be impartial. for leave to revoke the authority of the arbitrator or for an injunction to restrain any other party or the arbitrator from proceeding with the arbitration, 17, 1, 24, it shall not be a ground for refusing the application that the said party at the time when be made the agreement knew, or ought to have known, that the arbitrator, by reason of his relation towards any other party to the agreement or of his connexion with the subject referred, night not be capable of impartiality.
14 Geo. 6,
(2) Where an agreement between any parties provides that disputes which may arise in the future between them shall be referred to arbitra- tion, and a dispute which so arises involves the question whether any such party has been guilty of fraud, the Court shall, so far as may be necessary to enable that question to be determined by the Court, have power to order that the agreement shall cease to have effect and power to give leave to revoke the authority of any arbitrator or umpire appointed by or by virtue of the agreement.
(3) In any case where by virtue of this section the Court has power to order that an arbitration agreement shall cease to have effect or to give leave to revoke the authority of an arbitrator or umpire, the Court may refuse to stay any action brought in breach of the agreement.
11
arbitrator
27. (1) Where an arbitrator, not being a sole arbitrator, or two Power of or more arbitrators, not being all the arbitrators, or an umpire who Court where has not entered on the reference is or are removed by the Court, the is removed Court may, on the application of any party to the arbitration agreement, or authority appoint a person or persons to act as arbitrator or arbitrators or umpire is revoked. in place of the person or persons so removed.
(2) Where the authority of an arbitrator or arbitrators or umpire is revoked by leave of the Court, or a sole arbitrator or all the arbitrators or an umpire who has entered on the reference is or are removed by the Court, the Court may, on the application of any party to the arbitration agreement, either-
(v) appoint a person to act as sole arbitrator in place of the person
or persons removed; or
(8) order that the arbitration agreement shall cease to have effect
with respect to the dispute referred.
(3) A person appointed under this section by the Court as an arbitrator or umpire shall have the like power to act in the reference and to make an award as if he had been appointed in accordance with the terms of the arbitration agreement.
(4) Where it is provided, whether by means of a provision in the arbitration agreement or otherwise, that an award under an arbitration agrocment shall be a condition precedent to the bringing of an action with respect to any matter to which the agreement applies, the Court, if it orders, whether under this section or under any other enactment, that the agreement shall cease to have effect as regards any particular dispute, may further order that the provision making an award a con- dition precedent to the bringing of an action shall also cease to have effect as regards that dispute.
Enforcement of Award.
of arbitrator
14 Geo. 6. c. 27, s. 25.
28. An award on an arbitration agreement may, by leave of the Enforcement Court or a judge thereof, be enforced in the same manner as a judgment of award. or order to the same effect, and where leave is so given, judgment may 14 Geo, 6, be entered in terms of the award.
Miscellaneous.
27, 9. 26,
29. Where the terms of an agreement to refer future disputes to Power of arbitration provide that any claims to which the agreement applies shall Count to
extend time be barred unless notice to appoint an arbitrator is given or an for arbitrator is appointed or some other step to commence arbitration commencing
arbitration proceedings is taken within a time fixed by the agreement, and a dispute
proceedings. arises to which the agreement applies, the Court, if it is of opinion is Geo. 6, that in the circumstances of the case undue hardship would otherwise £ 27, & 17. be caused, and notwithstanding that the time so fixed has expired, may,
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