Directory_and_Chronicle_1901 — Page 413

CODE OF CIVIL PROCEDURE-HONGKONG

355

for Upinion of

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 award is upon matters correct Award. 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 any obvious error which can be amended without affecting such decision. The Court may also, on such application, make such order as it thinks just respecting the costs of Power as to the arbitration, if any question arise respecting such costs and the award contain no sufficient provision concerning them.

Costs.

to remit Award

10. In any of the following cases the Court shall have power to remit Power of Court the award or any of the matters referred to arbitration for reconsideration for Recon- by the arbitrators or umpire, upon such terms as it may think proper, 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;

(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.

sideration.

Award.

11.-No award shall be liable to be set aside except on the ground of Setting aside perverseness or misconduct of the arbitrator or umpire. Any application to set aside an award shall be made within fifteen days after the publica- tion thereof.

Effect of.

12. If no application shall have been made to set aside the award, Filing Award- or to remit the same, or any of the matters referred for reconsideration, or if the Court shall have refused any such application, either party may file the award in Court and the award shall thereupon have the same force and effect for all purposes as a judgment.

file.

13. When any persons shall by an instrument in writing agree that Reference by any differences between them, or any of them, shall be referred to the ment.

private Agree- arbitration of any persons named in the agreement, application may be made by the parties thereto, or any of them, that the agreement be filed in Court. On such application being made the Court shall direct such notice Application to to be given to any of the parties to the agreement, other than the applicants, as it may think necessary, requiring such parties to show cause, within a Proceedings time to be specified, why the agreement should not be filed. The applica- tion shall be numbered and registered as a suit between the parties in- terested as the plaintiffs and defendants. If no sufficient cause be shown against the filing of the agreement, the agreement shall be filed and an Effect thereof. order of reference to arbitration shall be made thereon.

The several pro-

visions of this chapter, so far as they are not inconsistent with the terms of any agreement so filed, shall be applicable to all proceedings under the order of reference and to the award of arbitration and to the enforcement of such award.

thereon.

Intervention

14. When any matter has been referred to arbitration without the Arbitration intervention of the Court and award has been made, any person interested without the in the award may, within six months from the date of the award, make of the Court. application to the Court that the award be filed in Court. The Court Application to shall direct notice to be given to the parties to the arbitration other than file Award. the applicant, requiring such parties to show cause, within a time to be Proceedings specified, why the award should not be filed. The application shall be thereon. numbered and registered as a suit between the applicant as plaintiff and the other parties as defendants. If no sufficient cause be shown against

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