Directory_and_Chronicle_1902 — Page 461

Special Case

for Upinion of

the Court.

Court may modify or

correct Award.

Powers to Costs.

Power of Court

for Recon.

358

CODE OF CIVIL PROCEDURE-HONGKONG

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

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 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 the arbitration, if any question arise respecting such costs and the award contain no sufficient provision concerning them.

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 think proper, that is to say,-

sideration.

Setting aside Award.

Filing Award— Effect of,

Reference by

ment.

Application to file.

Proceedings thereon.

(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.

11. No award shall be liable to be set aside except on the ground of 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.

12.-If no application shall have been made to set aside the 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.

13.-When any persons shall by an instrument in writing agree that private Agree any differences between them, or any of them, shall be referred to the 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 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 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 Bffect thereof. against the filing of the agreement, the agreement shall be filed and an 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.

Arbitration without the Intervention

of the Court.

file Award.

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

Proceedings ther.eon

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