Directory_and_Chronicle_1889 — Page 981

CODE OF CIVIL PROCEDURE-HONGKONG.

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upon the question of fact or law, give judgment for the sum fixed by the parties, or so ascertained as aforesaid, or otherwise, according to the terms of the agreement, and upon the judgment which shall be so given, decree shall follow and may be executed in the same way as if the judgment had been pronounced in an ordinary suit.

CHAPTER XIX. Reference to Arbitration.

for Order of

LXXXIX.-If the parties to a suit are desirous that the matters in Application difference between them in the suit, or any of such matters, shall be Reference. referred to the final decision of one or more arbitrator or arbitrators, they may apply to the Court at any time before final judgment for an order of reference, and such order shall be filed with the proceedings in the suit.

2.--The arbitrators shall be nominated by the parties in such manner Appointment as may be agreed upon between them. If the parties cannot agree with spect to the nomination of the arbitrators, or if the persons nominated by them shall refuse to accept the arbitration, and the parties are desirous that the nomination shall be made by the Court, the Court shall appoint the arbitrators.

of Arbitrators.

3.-The Court shall, by an order under its seal, refer to the arbitrators Order of the matters in difference in the suit which they may be required to deter. Reference, mine, and shall fix such time as it may think reasonable for the delivery of the award, and the time so fixed shall be specified in the order.

of Umpire

4-If the reference be to two or more arbitrators, provision shall be Appointment made in the order for a difference of opinion among the arbitrators, by the where neces- appointment of an umpire or by declaring that the decision shall be with sary. 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.

Attendance of

5.—When a reference is made to arbitration by an order of Court, Enforcing the same process to the parties and witnesses whom the arbitrators, or witnesses. 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, order of the Court on the representation of the arb.trators or umpire, as they would incur for the same offences in suits tried before the Court.

think

Award.

6. When the arbitrators shall not have been able to complete the Extension of award within the period specified in the order from want of the necessary Time for making

vidence or information, or other good and sufficient cause, the Court may, from time to time, enlarge the period for delivery of the award, it it shall 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 arbitrator, 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 mpire, 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 ou 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.

Incapacity, or

7.-If, in any case of reference to arbitration by an order of the Court, Power of Court the arbitrators, or umpire, shall die, or refuse or become incapable to act, it in Case of Death, shall be lawful for the Court to appoint a new arbitrator or arbitrators, or Refusal to act. 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