1950_CO-OPERATIVE_SOCIETIES_RULES — Page 23

CAP. 33]

[r. 73 cont.]

Proceedings

before the arbitrator or arbitrators.

Co-operative Societies.

(4) Where under paragraph (3) of this rule reference is made to three arbitrators, the following provisions shall have effect-

(a) if any party to the dispute fails to nominate an arbitrator within such time as the Registrar may specify, the Registrar may make the nomination himself;

(b) if an arbitrator nominated by one of the parties to the dispute dies, or refuses or neglects to act or by absence or otherwise becomes incapable of act- ing, the Registrar shall call upon the party con- cerned to nominate a new arbitrator within such time as the Registrar may specify, and if no new arbitrator is nominated accordingly, the Registrar may nominate one himself;

(c) if the arbitrator who dies, or refuses or neglects to act, or becomes incapable of acting, was nominated by the Registrar, a new arbitrator shall be nomin- ated in his place by the Registrar; and

(d) the opinion of the majority of the arbitrators shall

prevail.

74. (1) The proceedings before the arbitrator or arbitra- tors shall, as nearly as possible, be conducted in the same way as proceedings before a court of law, and in particular the following provisions shall have effect in respect there- of-

(a) notice of the time and place at which the proceed- ings are to be held shall be given to the parties to the dispute, and such notice shall be a ten days' notice;

(b) a record of the evidence adduced before the arbitra- tor or arbitrators shall be made, dated and signed by the arbitrator or arbitrators;

(c) documents produced as exhibits before the arbitrator or arbitrators shall be marked, dated and initialled by the arbitrator or arbitrators and shall be attached to the file of the proceedings; and

(d) in the absence of any party duly notified to attend, the dispute may be decided by the arbitrator or ar- bitrators ex parte.

(2) The award of the arbitrator or arbitrators shall— (a) be in writing ;

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