CODE OF CIVIL PROCEDURE.
No. 3 of 1901.
831
(7) the witnesses on the reference shall, if the arbitrators or umpire think fit, be examined upon oath;
(8) the award to be made by the arbitrators or umpire shall be final and binding on the parties and the persons claiming through or under them respectively; and
(9) the costs of the reference and award shall be in the discretion of the arbitrators or umpire, who may direct to and by whom and in what manner those costs or any part thereof shall be paid, and may award costs to be paid as between solicitor and client, and such costs shall be taxed by the Registrar.
Power of the court to stay legal proceedings where there is a submission.
52 & 53 Vict. c. 49, s. 4.
541. If any party to a submission, or any person claiming through or under him, commences any legal proceedings in the court against any other party to the submission, or any person claiming through or under him, in respect of any matter agreed to be referred, any party to such legal proceedings may, at any time after appearance and before filing any pleading or taking any other step in the proceedings, apply to the court to stay the proceedings, and the court, if it is satisfied that there is not sufficient reason why the matter should not be referred in accordance with the submission, and that the applicant was, at the time when the proceedings were commenced, and still remains, ready and willing to do all things necessary to the proper conduct of the arbitration, may make an order staying the proceedings accordingly.
542.-(1) In any of the following cases--
(a) where a submission provides that the reference shall be to a single arbitrator, and all the parties do not, after differences have arisen, concur in the appointment of an arbitrator;
(b) if an appointed arbitrator refuses to act, or is incapable of acting, or dies, and the submission does not show that it was intended that the vacancy should not be supplied, and the parties do not supply the vacancy;
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(c) where the parties or two arbitrators are at liberty to appoint an umpire or third arbitrator and do not appoint him; and
(d) where an appointed umpire or third arbitrator refuses to act, or is incapable of acting, or dies, and the submission does not show that it was intended that the vacancy should not be supplied;
Appointment in certain cases of arbitrator, etc.
52 & 53 Vict. c. 49, s. 5.
CODE OF CIVIL PROCEDURE.
No. 3 of 1901.
831
(7) the witnesses on the reference shall, if the arbitrators or umpire think fit, be examined upon oath;
(8) the award to be made by the arbitrators or umpire shall be final and binding on the parties and the persons claiming through or under them respectively; and
(9) the costs of the reference and award shall be in the discretion of the arbitrators or umpire, who may direct to and by whom and in what manner those costs or any part thereof shall be paid, and may award costs to be paid as between solicitor and client, and such costs shall be taxed by the Registrar.
Power of the court to
stay legal
where there is a
52 & 53 Vict. c. 49, s. 4.
541. If any party to a submission, or any person claiming through or under him, commences any legal proceedings in the court against any other party to the submission, or any person proceedings claiming through or under him, in respect of any matter agreed w to be referred, any party to such legal proceedings may, at any submission. time after appearance and before filing any pleading or taking any other step in the proceedings, apply to the court to stay the proceedings, and the court, if it is satisfied that there is not sufficient reason why the matter should not be referred in accordance with the submission,' and that the applicant was, at the time when the proceedings were commenced, and still remains, ready and willing to do all things necessary to the proper conduct of the arbitration, may make an order staying the proceedings accordingly.
542.-(1) In any of the following cases--
(a) where a submission provides that the reference shall be to a single arbitrator, and all the parties do not, after differences have arisen, concur in the appointment of an arbitrator;
(b) if an appointed arbitrator refuses to act, or is incapable of acting, or dies, and the submission does not show that it was intended that the vacancy should not be supplied, and the parties do not supply the vacancy;
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(c) where the parties or two arbitrators are at liberty to appoint an umpire or third arbitrator and do not appoint him; and
(d) where an appointed umpire or third arbitrator refuses to act, or is incapable of acting, or dies, and the submission does not show that it was intended that the vacancy should not be
Appoint- ment in cer- tain cases of
arbitrator, etc.
52 & 53 Vict. c. 49, s. 5.
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