Directory_and_Chronicle_1911 — Page 421

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RULES OF SUPREME COURT IN CHINA

Arbitrators and Umpires.

From 84.

Award.

Form 86.

Questions of law.

Costs.

Arbitration.

212.--(1.) Unless the submission otherwise provides the reference shall be to a single Arbitrator.

(2.) If the reference is to two Arbitrators, the two Arbitrators may appoint an Umpire at any time within the period during which they have power to make an award.

(3). When the parties do not concur in the appointment of a single Arbitrator, or when one party makes default in appointing one or two Arbitrators, or when an Arbitrator or Umpire refuses to act or becomes incapable of actin: or dies, any party may serve the other parties or the Arbitrators (as the case may be) with notice to make such appointment or supply such vacancy, and if the appointment is not made within seven clear days after the service of the notice, the Court may, on application by the party who gave the notice, appoint an Arbitrator or Umpire, who shall act in like manner as if he had been appointed by consent of all parties.

(4.) The parties to the reference, and all persons claiming under them, shall, subject to any legal objection, submit to be examined by the Arbitrators or Umpire in relation to the matters in dispute, and shall, subject as aforesaid, produce all such books, papers, and other documents as may be required of them.

213.-(1.) The Arbitrators shall make their award within three months after entering on the reference or being called on to act by a notice in writing, unless the order for reference contains a different limit of time.

(2.) The Court inay, if it thinks fit, on application, enlarge the time for making an award, the reasons for enlargement being on each occasion entered in the Minutes.

(3.) If the Arbitrators have allowed their time to expire without making an award or cannot agree, an Umpire may enter on the reference in lieu of the Arbitrators.

(4.) The Umpire shall make his award within one month after the expiration of the time fixed for the making of award at the time when he entered on the reference. The award shall be in writing, signed by the Arbitrators or Umpire making it.

(5.) It shall contain a conclusive finding, and not find on the con- tingency of any matter of facts afterwards substantiated or deposed to.

(6.) It shall comprehend a finding on each of the several matters referred.

(7.) The award shall be final and binding on the parties and the persons claiming through them respectively.

214.-(1.) Where it appears to the Arbitrators or Umpire that any difficult question of law is involved in or raised by the facts as finally ascertained by them or him, they or he may, if it seems to them or him. fit, state the award as to the whole or any part thereof in the form of a case for the opinion of the Court.

(2.) The Court shall consider and deliver julgment of the case as with any other special case.

215.-(1.) The Arbitrators or Umpire shall have power to award the costs of the reference in the whole or in part.

(2.) But an award respecting costs shall not preclude a party against whom costs are awarded from applying to the Court to tax the costs, and on that application the costs, including the remuneration (if any) of the Arbitrators and Umpire or any of them, shall be taxed at a reasonable rate by the Court, and the Court shall make such order respecting the costs of taxation as the Court thinks fit.

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