Directory_and_Chronicle_1887 — Page 895

CODE OF CIVIL PROCEDURE-HONGKONG.

151

terms of the order or 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, it 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.

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the Court.

8. It shall be lawful for the arbitrators or umpire upon any reference Special Cate by an order of Court, if they shall think fit, and if it is not provided to for Opinion of 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.

correct Award.

9.-The Court may, on the application of either party, modify or Court may correct an award where it appears that a part of the award is upon matters modify or 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 Power as to the arbitration, if any question arise respecting such costs and the award Costs. contain no sufficient provision concerning them.

to remit Award

deration.

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

may

proper, that is to say :—

(a.) If the award has left undetermined some of the matters referred to arbitration, or if it has determined matters not referred to arbitration;

(b.) If the award is so indefinite as to be incapable of execution; (c.) If an objection to the legality of the award is apparent upon

the face of the award.

Award.

11.--No award shall be liable to be aside except on the ground of Setting aside perverseness or misconduct of the arbitrator or umpire. Any application to set aside an award shall be made within fifteen days after the publica- tion thereof.

Effect of..

12.-If no application shall have been made to set aside the award, Filing Award- or to remit the same, or any of the matters referred for reconsideration, or if the Court shall have refused any such application, either party may file the award in Court, and the award shall thereupon have the same force and effect for all purposes as a judgment.

private Agree-

file.

thereon.

13. When any persons shall by an instrument in writing agree that Reference by any differences between them, or any of them, shall be referred to the ment. arbitration of any persons named in the agreement, application may be made by the parties thereto, or any of them, that the agreement be filed in Court. On such application-being made, the Court shall direct such notice Application to to be given to any of the parties to the agreement, other than the applicants, as it may think necessary, requiring such parties to show cause, within a Proceedings time to be specified, why the agreement should not be filed. The applica- tion shall be numbered and registered as a suit between the parties in- terested as plaintiffs and defendants. If no sufficient cause be shown against the filing of the agreement, the agreement shall be filed and an Effect thereof. order of reference to arbitration shall be made thereon. The several pro- visions of this chapter, so far as they are not inconsistent with the terms of any agreement so filed, shall be applicable to all proceedings under the order of referenceand to the award of arbitration and to the enforcement of such award.