Directory_and_Chronicle_1891 — Page 205

CODE OF CIVIL PROCEDURE, HONGKONG.

155

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.

where neces-

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 of Umpire 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.

Witnesses.

of

Extension of Time for making Award.

med.

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 Attendance 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 punishment, 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 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 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 inisconduct 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 any 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,

Incapacity, or 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 terins 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 liad been inserted in the original order of reference.

for Opinion o

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

modify or

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 awards is upon matters correct Award. no 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