Directory_and_Chronicle_1896 — Page 378

Appointment of Arbitrators.

Order of Reference.

Appointment of Umpire

where neces- Bary.

Enforcing

Attendance of Witnesses.

Extension of Time for making Award.

339

CODE OF CIVIL PROCEDURE-HONGKONG

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 as may be agreed upon between them. If the parties cannot agree with respect to the nomination of the arbitrators, or if the persons nominated by thein 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.

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- 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.

4.-If the referenc: 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 punishment, by order of the Court on the representation of the arbitrators er 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, 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 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 misconduct of the arbitra- tors, 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, the arbitrators, or umpire, shall die, or r fuse or become incapable to act, it Refusal to act. 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 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.

Power of Court in Case of Death, Incapacity, or