Directory_and_Chronicle_1893 — Page 368

'Order of

Reference.

Appointment of Umpire

where necen- sary.

Enforcing

Attendance of Witnesses.

Extension of

Award,

326

CODE OF CIVIL PROCEDURE-HONGKONG

3. The Court shall, by an order under its seal, refer to the arbitrators the matters in difference in the suit which they may be required to deter- mnine, 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.

4.--If the reference be to two or more arbitrators, provision shall be mad" in the order for a differ. nce o 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.

1

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 he 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 incor for the same offences in suits tried before the Court. 6. W en the arbitrators shall not have been able to complete the Time for making award within the period specified in the order from want of the necessary evidence or information, or other good and sufficient cause, ti e Court may, from time to time, en arge 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 blawful for him to enter on the reference in lieu of the arbitrator, if they sha 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 uule-s the award shall have been made after the Issue of an order by the Court superseding the arbitration and recalling

Power of Court

Incapacity, or

the suit.

7.—If, in any case of 1eference to arbitration by any order of the Court, in Case of Death, the arbitrat rs, or umpire, shall die, or refuse or become incapable to act, it Refusal to act, shall be lawful for the Court to appoint a new arbitrator or arbitrators, or ump re, in the plac: of the person or persons so dying or refusing or becoming incapable to net. Where the arbitrators are empowered by the terms of he 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 app int 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 mmpire so appointed shall have the like power to act in the reference as if their names had been inserted in the original

Special Case

the Court.

order of reference.

8.-It shall be lawful for the arbitrators or umpire upon any reference for Opinion of 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.

Court may modity or correct Award,

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; r