698524-1873-Bills-Passed-Committee-Code-of-Civil-Procedure--c-- — Page 47

SUPPLEMENT TO THE HONGKONG GOVERNMENT GAZETTE, 27TH SEPT., 1873. 453

J

CHAPTER XIX.

Reference to Arbitration.

ence.

LXXXIX. If the Parties to a Suit are desirous that the Application for Matters in difference between them in the Suit, or any of such Order of Refer- Matters, shall be 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 Appointment such Manner as may be agreed upon between them. If the of Arbitrators. Parties cannot agree with respect to the Nomination of the Arbitrators, or if the Persons nominated by them 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 Order of Re- Arbitrators the Matters in difference in the Suit which they ference. may be required to determine, 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.

sary.

4. If the Reference be to two or more Arbitrators, Provision Appointment shall be made in the Order for a Difference of Opinion among of Umpire the Arbitrators, by the Appointment of an Umpire, or by declar- where neces- ing that the Decision shall be with the Majority, or by empower- ing 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.

Witnesses.

5. When a Reference is made to Arbitration by an Order of Enforcing Court, the same Process to the Parties and Witnesses whom the Attendance of 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, er refusing to give their Testimony, or being guilty of any Contempt to the Ar- bitrators, or Umpire, during the Investigation of the Suit, shall be subject to the like Disadvantages, Penalties, and Punishments, by Order of the Court on the Representation of the Arbitrators, or 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 Extension of the Award within the Period specified in the Order from Want Time for mak- of the necessary Evidence or Information, or other good and ing Award. sufficient Cause, the Court may, from Time to Time, enlarge 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 Arbitrators, 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 hav- ing been completed within the Period allowed by the Court, unless on Proof that the Delay in completing the Award arose from Misconduct of the Arbitrators, 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.

of Death, Inea- pacity or Re-

7. If, in any Case of Reference to Arbitration by an Order of Power of Court, the Arbitrators, or Umpire, shall die, or refuse or Court in Case become incapable to act, it shall be lawful for the Court to appoint a now Arbitrator or Arbitrators, or Umpire, in the fusal to act. 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 of Reference to appoint an Umpire, and do not appoint an Umpire, any of the Parties may serve the Arbi- trators with a written Notice to appoint an Umpire; and if within Seven Days after such Notice shall have been served, no Umpire he 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 orginal Order of Reference.

the Court.

8. It shall be lawful for the Arbitrators, or Umpire, upon Special Case any Reference by an Order of Court, if they shall think fit, and for Opinion of 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 Court may mo- or correct an Award where it appears that a Part of the Award is dify or correct upon Matters not referred to the Arbitrators, provided such Part can be separated from the other Part and does not affect tho

Award.