2
Proceedings before and power of such arbitrator.
Power to send back to arbitrator.
Application to aside the award.
ting same aside.
set
tion, Court may stay proceedings.
The Hongkong Government Gazette.
VI. The proceedings upon any such Arbitration as aforesaid shall, except otherwise directed her! by the submission or document authorizing the Reference, be conducted in like manner, and subject same rules and enactments, as to the power of the Arbitrator, and of the Court, the attendance of witr the production of documents, enforcing or setting aside the award, and otherwise, as upon a Reference by consent under a Rule of Court or Judge's order.
VII. In any case where reference shall be made to Arbitration as aforesaid, the Court shall have at any time, and from time to time, to remit the matters referred, or any or either of them, to the re deration and redetermination of the said Arbitrator, upon such Terms, as to costs and otherwise, as t said Court may seem proper.
"!
VIII. All applications to set aside any award made on a compulsory Reference herein before pre for, shall and may be made within the first Seven Days of the Term next following the Publication award to the parties, whether made in Vacation or Term; and if no such application is made, or if no r granted thereon, or if any rule granted thereon is afterwards discharged, such award shall be final bety the parties. Enforcing award IX. Any award made on a compulsory Reference herein before provided for, by the Authority of within period for set- Court, on such terms as to it may seem reasonable, may be enforced at any time after Seven Days from
time of publication, notwithstanding that the time for moving to set it aside has not elapsed. If action commenced X. Whenever the parties to any deed or instrument in writing to be hereafter made or executeć by one party after all have agreed to arbitra- any of them, shall agree that any then existing or future differences between them or any of them sh referred to arbitration, and any one or more of the parties so agreeing, or any person or persons clai through or under him or them, shall nevertheless commence any action at law or suit in equity against other party or parties, or any of them, or against any person or persons claiming through or under h them in respect of the matters so agreed to be referred, or any of them, it shall be lawful for the Cour application by the defendant or defendants, or any of them, after appearance and before Plea or any upon being satisfied that no sufficient reason exists why such matters cannot be or ought not to be refe to Arbitration according to such agreement as aforesaid, and that the defendant was at the time of bringing of such action or suit, and still is, ready and willing to join and concur in all acts necessary proper for causing such matters so to be decided by arbitration, to make a Rule or Order staying all ceedings in such action or suit, on such terms as to costs and otherwise as to such Court may seem Provided always, that any such Rule or Order may at any time afterwards be discharged or varied as jus may require. On failure of parties XI. If, in any case of Arbitration, the document authorizing the reference provide that the Nefer or arbitrators, Court shall be to a single Arbitrator, and all the parties do not, after differences have arisen, concur in the app may appoint single ment of an Arbitrator; or if any appointed Arbitrator refuse to act, or become incapable of acting, or arbitrator or umpire. and the terms of such document do not shew that it was intended that such vacancy should not be supp! and the parties do not concur in appointing a new one; or if, where the parties or two Arbitrators at liberty to appoint an Umpire or third Arbitrator, such parties or arbitrators do not appoint an Umpir third Arbitrator; or if any appointed Umpire or third Arbitrator refuse to act, or become incapable of act or die, and the terms of the document authorizing the reference do not shew that it was intended that a vacancy should not be supplied, and the parties or arbitrators respectively do not appoint a new one; v- in every such instance, any party may serve the remaining parties or the arbitrators, as the case may be, a written notice to appoint an Arbitrator, Umpire, or third Arbitrator respectively; and if within Sevent Days after such notice shall have been served, no Arbitrator, Umpire, or third Arbitrator be appointe shall be lawful for the Court, upon summons to be taken out by the party having served such notice + aforesaid, to appoint an Arbitrator, Umpire, or third Arbitrator, as the case may be, and such Arbitrat Umpire, and third Arbitrator respectively shall have the like power to act in the Reference and make. Award as if he had been appointed by consent of all parties.
appoint arbitrator to act alone.
When reference is XII. When the reference is, or is intended to be, to two Arbitrators, one appointed by each party. to two arbitrators, and shall be lawful for either party, in the case of the death, refusal to act, or incapacity of any Arbitra one party fail to aP-appointed by him, to substitute a new Arbitrator, unless the document authorizing the reference show th point, other party may it was intended that the vacancy should not be supplied; and if on such a reference one party fail to appe an Arbitrator, either originally or by way of substitution as aforesaid, for Seven clear Days after the ot party shall have appointed an Arbitrator, and shall have served the party so failing to appoint with notice. writing to make the appointment, the party who has appointed an Arbitrator may appoint such Arbitrator: act as sole Arbitrator in the reference, and an Award made by him shall be binding on both parties, as if t appointment had been by consent; provided, however, that the Court may revoke such appointment, on su terms as shall seem just.
Two arbitrators appoint umpire.
may
XIII. When the reference is to two Arbitrators, and the terms of the document authorizing it do t show that it was intended that there should not be an Umpire, or provide otherwise for the appointment an Umpire, the two, Arbitrators may appoint an Umpire at any time within the period during which the have power to make an Award, unless they be called upon by notice as aforesaid to make the appointmen
sooner.
Award to be made XIV. The Arbitrator acting under any such document or compulsory order of reference as aforesa in three months, unless or under any order referring the award back, shall make his award under his hand, and (unless su parties or Court en document or order respectively shall contain a different limit of time) within three months after he s large time.
have been appointed, and shall have entered on the reference, or shall have been called upon to act by notice in writing from any party; but the parties may by consent in writing enlarge the term for making award; and it shall be lawful for the Court for good cause to be stated in the rule or order for enlargeme from time to time to enlarge the term for making the award; and if no period be stated for the enlargeme in such consent or order for enlargement, it shall be deemed to be an enlargement for one month; and s any case where an Umpire shall have been appointed, it shall be lawful for him to enter on the reference lieu of the Arbitrators, if the latter shall have allowed their time or their extended time to expire withe making an award, or shall have delivered to any party, or to the Umpire, a notice in writing stating that they cannot agree.
in Ejectment.
Rule to deliver pos-
XV. When any award made on any such submission, document, or order of reference as aforesti session of land pursu-directs that possession of any lands or tenements capable of being the subject of an Action of Ejectme ant to award, to be shall be delivered to any party, either forthwith or at any future time, or that any such party is entitled enforced as a judgment the possession of any such lands or tenements, it shall be lawful for the Court to order any party to t
reference who shall be in possession of any such lands or tenements, or any person in possession of the same claiming under or put in possession by him since the making of the document authorizing the reference to deliver possession of the same to the party entitled thereto, pursuant to the award, and such rule or ord to deliver possession shall have the effect of a judgment in ejectment against every such party or pers named in it, and execution may issue, and possession shall be delivered by the Sheriff as on a judgme in ejectment.
Hongkong, Zu August, 1855.–
Established 1843.
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