Directory_and_Chronicle_1898 — Page 405

Special Case

the Court.

348

CODE OF CIVIL PROCEDURE-HONGKONG

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 modify or

correct Award.

Power as to Costs.

Power of Conrt

for Recousi- deration.

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; or where the award is imperfect in form or contains anv obvious error which can be amended without affecting such decision. The Court may also, on such application, make suc order as it thinks just respecting the costs of the arbitration, if any question arise respecting such costs and the award contain no sufficient provision concerning them.

proper,

10.—In any of the following cases the Court shall have power to remit to remit Award the award or any of the matters referred to arbitration for reconsideration

by the arbitrators or umpire, upon such terms as it

may link 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;

Setting aside Award.

Filing Award- Effect of,

Reference by private Agree. ment.

tile.

Proceedings thereon,

(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.

11.—No award shali be liable to be set aside except on the ground of perversen ss or misconduct of the arbitrato or umpire. Any application to set aside an award shall be made within fifteen days after the publica tion thereof.

12.—If no a plication shall have been made to set aside the award, or to remit the same, or any of the ma ters referred for r. consid· rat on, or if the Court shall have refused any such application, ei her party may file the award is Court and the award shall thereupon Lave the same force and effect for all purposes as a judgment.

13.-Wh u any persons shall by an inst:umen* in writing agree that any differences between them, or any of th ш, shall be r ferred to the arb tra ion of any persons named in the agreement, application may be made by the parti & there o, or any of them, that the ag e ment be filed in Application to Cour. On such application being made the Court shall direct such notice to be given to any of the parties to t e agreement, other than the applican's, as it may think neces-ary, requ ring sue parties to sow cause, within a time to be spe ified, why the agr ement should not be filed. The applica- tion s! all be nuub» red and register d as a suit btween the parties in- terested as the plai tiffs and defendan's. If no sufficient cause be shown Effect thereof. against the filing of the agre min', the agreement shail be filed and an

order of reference to arbitration shall be male thereon. The several

pro- visions of this chapter, so far as they are no inconsistent with the terms of any ar emnt. filed, shall be unpleable to all procdings under the order of refe ence and to the award of arbitration and to the enforcement of such award.

Arbitration without the Intervention of the Court.

Application to file Award.

Procedings thereon.

14.-When any matt r has been referred to arbitration without the intervention of the Court and award has been made, any person in erested in the award may, within six moths from the date of the award, make application to the Court that the award be filed in Court. The Court shall direct notice to be given to the parties to the arbi ration other thau the applicant, requiri g such parties to show caus, within a time to be specified, why the award should not be filed. The application shall be nubered and regis ered as a suit between the ap licant as plaintiff and the other parties as defendants. If no sufficient cause be shown against

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