32
CAP. 341]
Arbitration
[1982 Ed.
FOURTH SCHEDULE
APPLICATION OF THIS ORDINANCE TO JUDGE-ARBITRATORS
(s. 13A)
1. In this Schedule "judge-arbitrator" and "judge-umpire" mean a judge appointed as sole arbitrator or, as the case may be, as umpire by or by virtue of an arbitration agreement.
(1A) In section 3 (authority of arbitrator to be irrevocable except by leave of the court), in its application to a judge-arbitrator or judge-umpire, the Court of Appeal shall be substituted for the Court.
3. The power of the Court under section 9 (vacancy among arbitrators supplied by parties) to set aside the appointment of an arbitrator shall not be exercisable in the case of the appointment of a judge-arbitrator.
4. Section 10(3) (power of Court to order umpire to enter immediately on reference as sole arbitrator) shall not apply to a judge-umpire; but a judge-umpire may, on the application of any party to the reference and notwithstanding anything to the contrary in the arbitration agreement, enter on the reference in lieu of the arbitrators and as if he were the sole arbitrator.
5. (1) The powers conferred on the Court or a judge thereof by section 14(4), (5) and (6) (summoning of witnesses, interlocutory orders, etc.) shall be exercisable in the case of a reference to a judge-arbitrator or judge-umpire as in the case of any other reference to arbitration, but shall in any such case be exercisable also by the judge-arbitrator or judge-umpire himself.
(2) Anything done by an arbitrator or umpire in the exercise of powers conferred by this paragraph shall be done by him in his capacity as judge of the Court and have effect as if done by that court; but nothing in this paragraph prejudices any power vested in the arbitrator or umpire in his capacity as such.
6. Section 15(2) and (3) (extension of time for making award; provision for ensuring that reference is conducted with reasonable dispatch) shall not apply to a reference to a judge-arbitrator or judge-umpire; but a judge-arbitrator or judge-umpire may enlarge any time limited for making his award (whether under this Ordinance or otherwise), whether that time has expired or not.
7. (1) Section 20(4) (provision enabling a party in an arbitration to obtain an order for costs) shall apply, in the case of a reference to a judge-arbitrator, with the omission of the following—
• within 14 days of the publication of the award or such further time as the Court or a judge thereof may direct,”.
(2) The power of the Court to make declarations and orders for the purposes of section 20(5) (charging order for solicitor's costs) shall be exercisable in the case of an arbitration by a judge-arbitrator or judge-umpire as in the case of any other arbitration, but shall in any such case be exercisable also by the judge-arbitrator or judge-umpire himself.
(3) A declaration or order made by an arbitrator or umpire in the exercise of the power conferred by sub-paragraph (2) shall be made by him in his capacity as judge of the Court and have effect as if made by that court.
8. (1) Section 21 (power of Court to order delivery of award on payment of arbitrators' fees into court) shall not apply with respect to the award of a judge-arbitrator or judge-umpire.
(2) A judge-umpire may withhold his award until the fees payable to the arbitrators have been paid into the Court.
(3) Arbitrators' fees paid into court under this paragraph shall be paid out in accordance with rules of court, subject to the right of any party to the reference to apply (in accordance with the rules) for any fee to be taxed, not being a fee which has been fixed by written agreement between him and the arbitrator.
(4) A taxation under this paragraph may be reviewed in the same manner as a taxation of the costs of an award.
(5) On a taxation under this paragraph, or on a review thereof, an arbitrator shall be entitled to appear and be heard.
8. In sections 24 and 25 (remission and setting aside of awards, etc.), in their application to a judge-arbitrator or judge-umpire, and to a reference to him and to his award thereon, the Court of Appeal shall be substituted for the Court.
32
CAP. 341]
Arbitration
[1982 Ed.
FOURTH SCHEDULE
APPLICATION OF THIS ORDINANCE TO JUDGE-ARBITRATORS
(s. 13A.]
1. In this Schedule "judge-arbitrator" and "judge-umpire" mean a judge appointed as sole arbitrator or, as the case may be, as umpire by or by virtue of an arbitration agreement.
(IA) In section
In section 3 (authority of arbitrator to be irrevocable except by leave of the court), in its application to a judge-arbitrator or judge-umpire, the Court of Appeal shall be substituted for the Court.
3. The power of the Court under section 9 (vacancy among arbitrators supplied by parties) to set aside the appointment of an arbitrator shall not be exercisable in the case of the appointment of a judge-arbitrator.
4. Section 10(3) (power of Court to order umpire to enter immediately on reference as sole arbitrator) shall not apply to a judge-umpire; but a judge-umpire may, on the application of any party to the reference and notwithstanding anything to the contrary in the arbitration agreement, enter on the reference in lieu of the arbitrators and as if he were the sole arbitrator.
5. (1) The powers conferred on the Court or a judge thereof by section 14(4), (5) and (6) (summoning of witnesses, interlocutory orders, etc.) shall be exercisable in the case of a reference to a judge-arbitrator or judge-umpire as in the case of any other reference to arbitration, but shall in any such case be exercisable also by the judge-arbitrator of judge-umpire himself.
(2) Anything done by an arbitrator or umpire in the exercise of powers conferred by this paragraph shall be done by him in his capacity as judge of the Court and have effect as if done by that court; but nothing in this paragraph prejudices any power vested in the arbitrator or umpire in his capacity as such.
6. Section 15(2) and (3) (extension of time for making award; provision for ensuring that reference is conducted with reasonable dispatch) shall not apply to a reference to a judge-arbitrator or judge-umpire; but a judge-arbitrator or judge- umpire may enlarge any time limited for making his award (whether under this Ordinance or otherwise), whether that time has expired or not.
7. (1) Section 20(4) (provision enabling a party in an arbitration to obtain an order for costs) shall apply, in the case of a reference to a judge-arbitrator, with the omission of the following-
•
within 14 days of the publication of the award or such further time as the Court or a judge thereof may direct,”.
(2) The power of the Court to make declarations and orders for the purposes of section 20(5) (charging order for solicitor's costs) shall be exercisable in the case of an arbitration by a judge-arbitrator or judge-umpire as in the case of any other arbitration, but shall in any such case be exercisable also by the judge-arbitrator or judge-umpire himself.
(3) A declaration or order made by an arbitrator or umpire in the exercise of the power conferred by sub-paragraph (2) shall be made by him in his capacity as judge of the Court and have effect as if made by that court.
8. (1) Section 21 (power of Court to order delivery of award on payment of arbitrators' fees into court) shall not apply with respect to the award of a judge- arbitrator or judge-umpire.
(2) A judge-umpire may withhold his award until the fees payable to the arbitrators have been paid into the Court.
(3) Arbitrators' fees paid into court under this paragraph shall be paid out in accordance with rules of court, subject to the right of any party to the reference to apply (in accordance with the rules) for any fee to be taxed, not being a fee which has been fixed by written agreement between him and the arbitrator.
(4) A taxation under this paragraph may be reviewed in the same manner as a taxation of the costs of an award.
(5) On a taxation under this paragraph, or on a review thereof, an arbitrator shall be entitled to appear and be heard.
8. In sections 24 and 25 (remission and setting aside of awards, etc.), in their
application to a judge-arbitrator or judge-umpire, and to a reference to him and to his award thereon, the Court of Appeal shall be substituted for the Court.
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