Directory_and_Chronicle_1875 — Page 758

CODE OF CIVIL PROCEDURE—HONGKONG.

315.

4.-If the reference be to two or more arbitrators, provision shall be made in the order for a difference of opinion among the arbitrators, by the appointment of an umpire, or by declaring that the decision shall be with the majority, or by empowering the arbitrators to appoint an umpire, or otherwise as may be agreed upon between the parties; or if they cannot agree, as the Court may determine.

5.-When a reference is made to arbitration by an order of Court, the same process to the parties and witnesses whom the arbitrators, or umpire, may desire to have examined, shall issue as in ordinary suits; and persons not attending in compliance with such process, or making any other default, or refusing to give their testimony, or being guilty of any contempt to the arbitrators, or umpire, during the investigation of the suit, shall be subject to the like disadvantages, penalties, and punishments, by order of the Court on the representation of the arbitrators, or umpire, as they would incur for the same offences in suits tried before the Court.

6.- When the arbitrators shall not have been able to complete the award within the period specified in the order from want of the necessary evidence or information, or other good and sufficient cause, the Court may, from time to time, enlarge the period for delivery of the award, if it shall think proper. In any case in which an umpire shall have been appointed, it shall be lawful for him to enter on the reference in lieu of the arbitrators, if they shall have allowed their time, or their extended time,. to expire without making an award, or shall have delivered to the Court, or to the umpire, a notice in writing stating that they cannot agree: Provided that an award shall not be liable to be set aside only by reason of its not having been completed within the period allowed by the Court, unless on proof that the delay in completing the award arose from misconduct of the arbitrators, or umpire, or unless the award shall have been made after the issue of an order by the Court superseding the arbitration and recalling the suit.

7.-If, in any case of reference to arbitration by an order of Court, the arbitrators, or umpire, shall die, or refuse or become incapable to act, it shall be lawful for the Court to appoint a new arbitrator or arbitrators, or umpire, in the place of the person or persons so dying, or refusing or becoming incapable to act. Where the arbitrators are empowered by the terms of the order of reference to appoint an umpire and do not appoint an umpire, any of the parties may serve the arbitrators with a written notice to appoint an umpire; and if within seven days after such notice shall have been served, no umpire be appointed, in shall be lawful for the Court upon the application of the party having served such notice as aforesaid, and upon proof to its satisfaction of such notice having been served, to appoint an umpire. In any case of appointment under this section, the arbitrators, or umpire, so appointed shall have the like power to act in the reference, as if their names had. been inserted in the original order of reference.

8.-It shall be lawful for the arbitrators, or umpire, upon any reference by an order of Court, if they shall think fit, and if it is not provided to the contrary, to state their award as to the whole or any part thereof in the form of a special case for the opinion of the Court.

9.-The Court may, on the application of either party, modify, or correct an award where it appears that a part of the award is upon matters not referred to the arbitrators, provided such part can be separated from the other part and does not. affect the decision on the matter referred; or where the award is imperfect in form or contains any obvious error which can be amended without affecting such decision.. The Court may also, on such application, make such order as it thinks just respecting the costs of the arbitration, if any question arise respecting such costs and the award contain no sufficient provision concerning them.

10.-In any of the following cases, the Court shall have power to remit the award or any of the matters referred to arbitration for reconsideration by the arbitrators, or umpire, upon such terms as it may think proper, that is to say:-

(a) If the award has left undetermined some of the matters referred! . arbitration, or if it has determined matters not referred to arbitration; (b) If the award is so indefinite as to be incapable of execution;